Collector - July 2018 - 46

BUSINESSOPERATIONS

The ACA Int'l v. FCC Decision:
What Does It Mean For Your Business?
We're in a holding pattern until the FCC weighs in, but this is what
you should be doing now to stay compliant with the TCPA.
By Anne Rosso May

W

hen the U.S. Court of
Appeals for the D.C. Circuit
announced its decision in
the landmark case ACA International v.
Federal Communications Commission,
et al. in March, the accounts receivable
management industry cheered the 3-0
ruling in favor of business industries.
After the excitement died down, the
question on everyone's minds was: How will
this ruling, which rejects the FCC's earlier
expansive interpretation of the Telephone
Consumer Protection Act, affect my
business practices?

46

In an ACA International teleseminar held
in May, Karen Scheibe Eliason, vice president
and senior counsel for ACA International,
and Chris Meier, Esq., corporate counsel and
chief compliance officer for The CMI Group
Inc., summed it up this way: If you had
TCPA-compliant practices and procedures
in place and were following them before the
FCC's 2015 TCPA Order, keep it up.
For a bit more detail, read on.

HOW TO HANDLE: AUTODIALERS
Which devices constitute automatic
telephone dialing systems? Unfortunately,

the D.C. Circuit Court of Appeals did not
give us a definition. While this is frustrating
for accounts receivable management
industry members, Meier did offer a bright
side: We may not know what an ATDS is,
but plaintiffs' attorneys don't know either.
"That gives you a defense that's been
missing for-at a minimum-the last couple
of years, if not going all the way back to the
issuance of the first court opinion that ruled
a predictive dialer was an ATDS," he noted.
To be safe, don't just assume your system
is not an ATDS. Instead, look to the TCPA's
original definition of the term: it has to

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

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

Upfront
Industry News
Best Practices
FYI
Collection Tips
Navigating Uncharted Territory
Making Sense Out of Collection Notice Requirements
Do You Need to Contact Creditors to Verify a Debt?
Calendar
Honor Roll
Getting on the Right Path
A Better Framework
ACA Members Contribute to Successful Collectors Challenge Month
The ACA Int’l v. FCC Decision: What Does It Mean For Your Business?
Connecting with Legislators at ACA’s Washington Insights Conference
Second Circuit Rules for Accounts Receivable Management Industry in Case Supported by ACA’s Industry Advancement Program
Compliance
ACA SearchPoint
Ad Index
Last Word
Collector - July 2018 - Cover1
Collector - July 2018 - Cover2
Collector - July 2018 - 1
Collector - July 2018 - 2
Collector - July 2018 - 3
Collector - July 2018 - Upfront
Collector - July 2018 - 5
Collector - July 2018 - Industry News
Collector - July 2018 - 7
Collector - July 2018 - 8
Collector - July 2018 - 9
Collector - July 2018 - Best Practices
Collector - July 2018 - 11
Collector - July 2018 - FYI
Collector - July 2018 - 13
Collector - July 2018 - Collection Tips
Collector - July 2018 - 15
Collector - July 2018 - Navigating Uncharted Territory
Collector - July 2018 - 17
Collector - July 2018 - 18
Collector - July 2018 - 19
Collector - July 2018 - 20
Collector - July 2018 - 21
Collector - July 2018 - 22
Collector - July 2018 - 23
Collector - July 2018 - Making Sense Out of Collection Notice Requirements
Collector - July 2018 - 25
Collector - July 2018 - 26
Collector - July 2018 - 27
Collector - July 2018 - 28
Collector - July 2018 - 29
Collector - July 2018 - Do You Need to Contact Creditors to Verify a Debt?
Collector - July 2018 - 31
Collector - July 2018 - 32
Collector - July 2018 - 33
Collector - July 2018 - 34
Collector - July 2018 - 35
Collector - July 2018 - Calendar
Collector - July 2018 - Honor Roll
Collector - July 2018 - Getting on the Right Path
Collector - July 2018 - 39
Collector - July 2018 - A Better Framework
Collector - July 2018 - 41
Collector - July 2018 - ACA Members Contribute to Successful Collectors Challenge Month
Collector - July 2018 - 43
Collector - July 2018 - 44
Collector - July 2018 - 45
Collector - July 2018 - The ACA Int’l v. FCC Decision: What Does It Mean For Your Business?
Collector - July 2018 - 47
Collector - July 2018 - Connecting with Legislators at ACA’s Washington Insights Conference
Collector - July 2018 - 49
Collector - July 2018 - Second Circuit Rules for Accounts Receivable Management Industry in Case Supported by ACA’s Industry Advancement Program
Collector - July 2018 - 51
Collector - July 2018 - Compliance
Collector - July 2018 - 53
Collector - July 2018 - ACA SearchPoint
Collector - July 2018 - Ad Index
Collector - July 2018 - Last Word
Collector - July 2018 - Cover3
Collector - July 2018 - Cover4
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