Collector - July 2017 - 32

ACANEWS

ACA Members Meet in D.C. to Advocate on Behalf of the Industry
FCC Commissioner Michael O'Rielly and former House speaker Newt Gingrich were among the top-level insiders who
addressed Washington Insights Conference attendees.
By Kim Coghill

F

ederal Communications
Commission Commissioner Michael
O'Rielly, a featured speaker at
ACA International's Washington Insights
Conference in May, expressed optimism
about the new leadership's likelihood of
undoing some of the burdensome decisions
associated with the Telephone Consumer
Protection Act.
As a vocal critic of the expansive
interpretations of the TCPA under former
FCC Commissioner Tom Wheeler,
O'Rielly told the crowd of debt collection
professionals that the FCC has expanded the
boundaries of the TCPA "far beyond what I
believe Congress intended, as evidenced by
the actual wording of the statute."
He anticipates potential industry-friendly
changes at the direction of President
Donald Trump, FCC Chairman Ajit Pai
and the new head of the FCC bureau that
oversees the TCPA.

Kristina Sesek, director of legislative affairs at the U.S. Chamber's
Institute for Legal Reform, addresses the crowd.

32

EXCERPT FROM FCC COMMISSIONER MICHAEL
O'RIELLY'S REMARKS AT ACA'S WASHINGTON
INSIGHTS CONFERENCE
"As you are well aware, prior decisions by the Federal Communications
Commission and courts throughout the country have expanded the boundaries
of TCPA far beyond what I believe Congress intended, as evidenced by the actual
wording of the statute.
As the scope of TCPA has increased, so too has TCPA litigation. Thousands of
lawsuits are filed each year against businesses who thought they were taking the
right precautions to stay within the law. As your research has shown, between 2010
and 2015 there was a 948 percent increase in litigants involved in TCPA-related
lawsuits. And these lawsuits impact every sector of the economy.
Despite this, there is reason for optimism. With the change in administration,
new leadership at the commission and a new bureau head overseeing TCPA,
we have the chance to undo the misguided and harmful TCPA decisions of the
past that exposed legitimate companies to massive legal liability without actually
protecting consumers.
The D.C. Circuit has yet to issue an opinion on ACA International's appeal of
the FCC's TCPA Omnibus Order, which was joined by a wide array of parties. And
I hope against all hope that a number of aspects of that Order will be overturned.
Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the
FCC authority to require opt-out notices on solicited faxes. But regardless of the
outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the
issue to write rules that are truly clear and rational. The 2015 rules are neither."
Read O'Rielly's full remarks at http://ow.ly/EyTW30bDxSK.

ACAINTERNATIONAL.ORG


http://www.ow.ly/EyTW30bDxSK http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - July 2017

Upfront
Industry News
Best Practices
FYI
Collection Tips
What’s in Your Policy?
State Licensing Laws: What’s New and Trending
The Question of Rule 68
Calendar
Honor Roll
Healthcare Data at Risk
ACA Members Meet in D.C. to Advocate on Behalf of Industry
Fixing What’s Broken
Credit Listening Considerations
U.S. Supreme Court Hands Collection Industry a Win in ACA-Supported Case
Compliance
ACA SearchPoint
Last Word
Collector - July 2017 - Cover1
Collector - July 2017 - Cover2
Collector - July 2017 - 1
Collector - July 2017 - 2
Collector - July 2017 - Upfront
Collector - July 2017 - Industry News
Collector - July 2017 - 5
Collector - July 2017 - 6
Collector - July 2017 - 7
Collector - July 2017 - Best Practices
Collector - July 2017 - 9
Collector - July 2017 - FYI
Collector - July 2017 - 11
Collector - July 2017 - Collection Tips
Collector - July 2017 - 13
Collector - July 2017 - What’s in Your Policy?
Collector - July 2017 - 15
Collector - July 2017 - 16
Collector - July 2017 - 17
Collector - July 2017 - 18
Collector - July 2017 - 19
Collector - July 2017 - State Licensing Laws: What’s New and Trending
Collector - July 2017 - 21
Collector - July 2017 - 22
Collector - July 2017 - 23
Collector - July 2017 - The Question of Rule 68
Collector - July 2017 - 25
Collector - July 2017 - 26
Collector - July 2017 - 27
Collector - July 2017 - Calendar
Collector - July 2017 - Honor Roll
Collector - July 2017 - Healthcare Data at Risk
Collector - July 2017 - 31
Collector - July 2017 - ACA Members Meet in D.C. to Advocate on Behalf of Industry
Collector - July 2017 - 33
Collector - July 2017 - 34
Collector - July 2017 - 35
Collector - July 2017 - Fixing What’s Broken
Collector - July 2017 - 37
Collector - July 2017 - 38
Collector - July 2017 - 39
Collector - July 2017 - Credit Listening Considerations
Collector - July 2017 - 41
Collector - July 2017 - U.S. Supreme Court Hands Collection Industry a Win in ACA-Supported Case
Collector - July 2017 - 43
Collector - July 2017 - Compliance
Collector - July 2017 - 45
Collector - July 2017 - ACA SearchPoint
Collector - July 2017 - 47
Collector - July 2017 - Last Word
Collector - July 2017 - Cover3
Collector - July 2017 - Cover4
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