Collector - March 2018 - 43

IAP

"Despite being prompted to text 'STOP,' the plaintiff
responded instead with long sentences such as, 'I would
appreciate [it] if we discontinue any further texts.'"
So as ACA continues to anxiously await
a decision from the U.S. Court of Appeals
for the D.C. Circuit in its appeal from the
Federal Communications Commission's
July 2015 Omnibus TCPA Declaratory
Ruling and Order and its "any reasonable
method" ruling, ACA also recognizes
that other courts in the judicial system
can provide another avenue to rein
in TCPA abuse. Therefore, given the
staggering number of TCPA filings that
have continued to dramatically increase
in the last two years following the FCC's
ruling, ACA submitted its "friend of
the court" brief to the Ninth Circuit to
combat the TCPA trend of "revocation of
consent" claims based on "unreasonable
revocation methods" manufactured by
entrepreneurial plaintiffs while, at the
same time, helping to define, at least in the
Ninth Circuit, what it means to effectively
revoke consent using a reasonable method
under the TCPA.
In doing so, ACA asked the Ninth
Circuit to affirm the district court's
decision to dismiss the case because the
plaintiff 's chosen method of revocation
was entirely unreasonable and, therefore,
ineffective, and without an effective
revocation the plaintiff 's consent to receive
the defendant's messages also deprived her
of standing to sue. ACA argued that such a
ruling from the Ninth Circuit would help
"legitimate, compliant, law-abiding actors
who are trying to run their businesses
without being played by plaintiffs who
would abuse the law and the courts for
selfish gain, and manufacture the very
'violations' of which they complain."
ACA's efforts to proactively support
the industry are part of ACA's Industry

COLLECTOR 03.18

Advancement Program and are made
possible by funding through ACA's
Industry Advancement Fund. Stay
tuned for further developments. ACA
International will continue to provide
more information to its members as this
case progresses and when any decisions
concerning the case are made by the Ninth
Circuit Court of Appeals.

To read more about the most recent
significant judicial decisions involving
the credit and collection industry, ACA
members can always find concise case
summaries at www.acainternational.org/
industry-advancement-program.
Karen Scheibe Eliason is ACA
International's corporate counsel.

43


http://www.acainternational.org/industry-advancement-program http://www.acainternational.org/industry-advancement-program http://www.webrecon.com

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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