Collector - March 2018 - 42

IAP

ACA Files Amicus Brief with Court of Appeals
in Case Combatting TCPA Abuse
ACA supported the district court's decision that the consumer's
revocation of consent was not "reasonable" under the TCPA.
By Karen Scheibe Eliason

O

n Dec. 28, 2017, ACA
International filed an amicus
curiae ("friend of the court") brief
with the Ninth Circuit Court of Appeals in
the case of Epps v. Earth Fare, Inc.
The key issues before the appellate court
in this case are:
* Whether the plaintiff 's unusual
methods of purporting to revoke
her prior consent constituted a
"reasonable" or "effective" method

42

under the Telephone Consumer
Protection Act, and
* Whether a plaintiff who deliberately
and voluntarily procures a defendant's
alleged violation of the TCPA has
standing to claim relief for the
violation that the plaintiff procured.
In the underlying case of Epps v. Earth
Fare, Inc., No. 16-08221, 2017 WL 1424637
(C.D.Cal. Feb. 27, 2017), the U.S. District
Court for the Central District of California

found, as a matter of law, that the
plaintiff 's alleged revocation of consent to
receive text messages from the defendant
was not "reasonable."
Despite being prompted to text
"STOP" if she wished to revoke her
consent, the plaintiff responded instead
with long sentences such as, "I would
appreciate [it] if we discontinue any
further texts" or "Thank you but I would
like the text messages to stop can we
make this happen." Noting that this
was one of several similar suits filed
by the same plaintiff, the defendant
moved to dismiss and argued that her
responses had been deliberately designed
to frustrate its automated system for
recognizing revocations of consent. The
district court agreed and dismissed the
case with prejudice. In doing so, the
district court wrote:
The totality of the plausibly alleged
facts, even when viewed in Plaintiff 's favor,
militate against finding that Plaintiff 's
revocation method was reasonable.
Without explanation, Plaintiff ignored
Defendant's clear instruction to stop the
messages. Furthermore, although Plaintiff
is correct that Defendant "may not abridge
[Plaintiff 's] right to revoke consent using
any reasonable method," and "may not
deliberately design systems or operations
in ways that make it difficult or impossible
to effectuate revocations," Plaintiff has
not plausibly alleged any such burden
here. In fact, heeding Defendant's opt-out
instruction would not have plausibly been
more burdensome on Plaintiff than sending
verbose requests to terminate the messages.
In sum, Plaintiff has not plausibly alleged
that her revocation was effective.

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - March 2018

From the Editor
Industry News
Best Practices
FYI
Collection Tips
Enriching the Diversity Conversation
A New Take on Skiptracing
Collecting From Different Generations
Calendar
Honor Roll
Are You an ACA Professional Collection Specialist?
Understanding the Credit Reporting Landscape
An Inside Look at ACA’s Judicial Advocacy Efforts
Break It Down
ACA Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse
Compliance
ACA SearchPoint
Last Word
Collector - March 2018 - Cover1
Collector - March 2018 - Cover2
Collector - March 2018 - 1
Collector - March 2018 - 2
Collector - March 2018 - 3
Collector - March 2018 - From the Editor
Collector - March 2018 - 5
Collector - March 2018 - Industry News
Collector - March 2018 - 7
Collector - March 2018 - 8
Collector - March 2018 - 9
Collector - March 2018 - Best Practices
Collector - March 2018 - 11
Collector - March 2018 - FYI
Collector - March 2018 - 13
Collector - March 2018 - Collection Tips
Collector - March 2018 - 15
Collector - March 2018 - Enriching the Diversity Conversation
Collector - March 2018 - 17
Collector - March 2018 - 18
Collector - March 2018 - 19
Collector - March 2018 - 20
Collector - March 2018 - 21
Collector - March 2018 - 22
Collector - March 2018 - 23
Collector - March 2018 - A New Take on Skiptracing
Collector - March 2018 - 25
Collector - March 2018 - 26
Collector - March 2018 - 27
Collector - March 2018 - Collecting From Different Generations
Collector - March 2018 - 29
Collector - March 2018 - 30
Collector - March 2018 - 31
Collector - March 2018 - Calendar
Collector - March 2018 - Honor Roll
Collector - March 2018 - Are You an ACA Professional Collection Specialist?
Collector - March 2018 - 35
Collector - March 2018 - Understanding the Credit Reporting Landscape
Collector - March 2018 - 37
Collector - March 2018 - An Inside Look at ACA’s Judicial Advocacy Efforts
Collector - March 2018 - 39
Collector - March 2018 - Break It Down
Collector - March 2018 - 41
Collector - March 2018 - ACA Files Amicus Brief with Court of Appeals in Case Combatting TCPA Abuse
Collector - March 2018 - 43
Collector - March 2018 - Compliance
Collector - March 2018 - 45
Collector - March 2018 - ACA SearchPoint
Collector - March 2018 - 47
Collector - March 2018 - Last Word
Collector - March 2018 - Cover3
Collector - March 2018 - Cover4
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