Collector – July 2019 - 41

ACANEWS

THE LANDSCAPE POST-ACA INTERNATIONAL V. FCC

Following is an excerpt from Federal Communications Commission Commissioner Michael O'Rielly's
remarks presented at ACA's Washington Insights Fly-In.
Unfortunately, despite your organization's substantial and justified win in that case (ACA v. FCC), the 'fog of
uncertainty,' as the D.C. Circuit put it, remains thicker than ever. It remains up to this FCC to respond to that court's
set-asides, re-define ATDS in a clear and rational manner, and complete the adoption of a non-arbitrary reassigned
numbers database with a sufficiently workable safe harbor. Despite the D.C. Circuit's decision to refrain from
invalidating the 2015 standards on revocation of consent, I strongly believe that it is incumbent on our agency to
adopt clear rules of the road in that area as well. And, as you know from my previous comments and dissent to the
2015 Order, these issues hardly represent an exhaustive list of warranted TCPA regulatory reforms.
The longer we wait to take these necessary actions, the greater the harms that are inflicted on both
organizations and consumers. You know better than anyone that the past FCC's unclear and expansive TCPA
rules have created a crippling litigation threat for businesses in virtually all industries; indeed, there was a 46
percent increase in TCPA lawsuits in the period
immediately following the 2015 Omnibus Order, as
compared with the period immediately preceding
it, according to the U.S. Chamber Institute for
Legal Reform.
Unfortunately, the D.C. Circuit victory did not stem
that tide, as a patchwork of interpretations by both
federal circuit and district courts flowed in response,
including those that illogically found the FCC's 2003
and 2008 orders defining an ATDS to be controlling
post-ACA. And that just pales in comparison to
the medley of courts that have chosen to ignore
the D.C. Circuit and instead follow the 9th Circuit's
extremely misguided and breathtakingly expansive
definition of ATDS as a device that stores numbers
to be called, irrespective of whether they have been
generated by a random or sequential number generator. (Statutory text? What statutory text?) Now, with the 4th
Circuit's recent decision to declare the government-backed debt exemption facially unconstitutional and sever
it from the statute, practically no calls-not even those to collect debts owed to or guaranteed by taxpayers-are
beyond the claws of unscrupulous plaintiffs' lawyers. What a mess.
Now, more than ever, it's crucial that we get the rulemaking done, and ensure that honest businesses can
call their customers without being threatened by bankruptcy. The cottage industry of TCPA litigants isn't picky
in terms of whom it targets; everyone from mom and pop home security companies, to the Humane Society,
has fallen victim. And, it's not consumers who ultimately reap the proceeds of judgments and settlements, but
attorneys; the average recovery for TCPA class members is a few measly dollars, whereas the average recovery
for a plaintiff's lawyer is well over $2 million.
The consequences of a failure to act are dire for consumers as well.
To be clear, the Commission is not sitting on its hands unaware of the TCPA debates brewing in the courts
and affected boardrooms. But, we are a busy agency. Under this Chairman, we have been extremely focused
on moving an aggressive, deregulatory, pro-consumer agenda that reflects current market realities. Failure to
address TCPA is not a failure of leadership, nor can the blame be placed on Chairman Pai. Instead, the onus is
on you and others to raise awareness of the need for corrective actions to a much, much greater extent.
To read a more detailed account of O'Rielly's presentation,
check out this ACA Daily article: http://bit.ly/cfpbdaily.

COLLECTOR 07.19

41


http://www.bit.ly/cfpbdaily

Collector – July 2019

Table of Contents for the Digital Edition of Collector – July 2019

Upfront
Industry News
Best Practices
FYI
Collection Tips
What you need to know about the CFPB’s proposed new rule for the debt collection industry
“I don’t know about you, but I’ve literally never received a telegram and wouldn’t even know how to send one.”
Celebrating 80 Years of Helping Members Succeed
How Does ACA Help Members Succeed?
A History of Advocacy
8 Decades of ACA’s Annual Convention
Calendar
Honor Roll
Education Spotlight
Tell It Like It Is: Washington Hears From ACA Members
Collectors Challenge 2019: Getting Creative for a Good Cause
Balance it Out
Balance Billing Challenges Continue
It’s All About You: Helping Members Succeed
Sandbox Rules
What is a Product Sandbox?
in 11th Circuit Case Examining What Constitutes an ATDS
ACA SearchPoint
Ad Index
Membership
Last Word
Collector – July 2019 - Cover1
Collector – July 2019 - Cover2
Collector – July 2019 - 1
Collector – July 2019 - 2
Collector – July 2019 - 3
Collector – July 2019 - Upfront
Collector – July 2019 - 5
Collector – July 2019 - Industry News
Collector – July 2019 - 7
Collector – July 2019 - 8
Collector – July 2019 - 9
Collector – July 2019 - Best Practices
Collector – July 2019 - 11
Collector – July 2019 - FYI
Collector – July 2019 - 13
Collector – July 2019 - Collection Tips
Collector – July 2019 - 15
Collector – July 2019 - What you need to know about the CFPB’s proposed new rule for the debt collection industry
Collector – July 2019 - 17
Collector – July 2019 - “I don’t know about you, but I’ve literally never received a telegram and wouldn’t even know how to send one.”
Collector – July 2019 - 19
Collector – July 2019 - 20
Collector – July 2019 - 21
Collector – July 2019 - 22
Collector – July 2019 - 23
Collector – July 2019 - Celebrating 80 Years of Helping Members Succeed
Collector – July 2019 - 25
Collector – July 2019 - How Does ACA Help Members Succeed?
Collector – July 2019 - 27
Collector – July 2019 - 28
Collector – July 2019 - 29
Collector – July 2019 - A History of Advocacy
Collector – July 2019 - 31
Collector – July 2019 - 8 Decades of ACA’s Annual Convention
Collector – July 2019 - 33
Collector – July 2019 - 34
Collector – July 2019 - 35
Collector – July 2019 - Calendar
Collector – July 2019 - Honor Roll
Collector – July 2019 - Education Spotlight
Collector – July 2019 - 39
Collector – July 2019 - Tell It Like It Is: Washington Hears From ACA Members
Collector – July 2019 - 41
Collector – July 2019 - Collectors Challenge 2019: Getting Creative for a Good Cause
Collector – July 2019 - 43
Collector – July 2019 - Balance Billing Challenges Continue
Collector – July 2019 - 45
Collector – July 2019 - 46
Collector – July 2019 - 47
Collector – July 2019 - It’s All About You: Helping Members Succeed
Collector – July 2019 - 49
Collector – July 2019 - 50
Collector – July 2019 - 51
Collector – July 2019 - What is a Product Sandbox?
Collector – July 2019 - 53
Collector – July 2019 - in 11th Circuit Case Examining What Constitutes an ATDS
Collector – July 2019 - 55
Collector – July 2019 - ACA SearchPoint
Collector – July 2019 - Ad Index
Collector – July 2019 - Membership
Collector – July 2019 - 59
Collector – July 2019 - Last Word
Collector – July 2019 - Cover3
Collector – July 2019 - Cover4
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