Collector - July 2018 - 46
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
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
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