Collector – July 2019 - 54

IAP

ACA Files Legal Brief in 11th Circuit Case
Examining What Constitutes an ATDS
ACA supported the district court's decision that "click to dial" systems do not qualify as an ATDS under the "human
intervention" test.
By Karen Scheibe Eliason

T

he Telephone Consumer Protection
Act is an outdated statute built
for a world that no longer exists.
It has had a chilling effect on businesses,
preventing them from communicating
information to consumers that they want,
need or expect to receive.
Given that legitimate businesses, like ACA
International's members, continue to be
shackled by unclear, unnecessary, unwarranted
and unduly burdensome regulatory handcuffs,
ACA filed a "friend of the court" (amicus) brief
on April 11, 2019, in Glasser v. Hilton Grand
Vacations Co.-an important TCPA case
pending before the Court of Appeals for the
11th Circuit that may have a direct operational
impact on the type of technology the accounts
receivable management industry can use to
reach consumers.
Underscoring just how unhinged the
TCPA has become from Congress' original
intent, the Glasser case calls into question
the interpretation of the term "automatic
telephone dialing system" under
the TCPA in the wake of ACA
Int'l v. FCC, and focuses on
whether a calling system
has "the capacity to dial
numbers without human
intervention."
The appeal in
Glasser stems
from a putative
class-action
lawsuit
alleging

54

a hotel chain violated the TCPA by using an
autodialer to make promotional telephone
calls that reached recipients on their cell
phones without their prior express consent.
The hotel chain openly admitted to using a
new computerized telephone calling system
specifically designed to comply with the
TCPA in a way that allowed it to automate
much of the calling process. The hotel
chain's "Intelligent Global Connect" dialing
system used software to determine who was
going to get called but required an agent to
click "Make Call" before the system dialed
the number.
Deciding in favor of the hotel chain, the
federal district court in Florida found that
ACA Int'l provided persuasive authority
as to how to interpret the definition of an
ATDS. According to the district court, the
D.C. Circuit Court of Appeal's decision
in ACA Int'l left intact earlier Federal
Communications Commission rulings
that concluded the defining characteristic
of an autodialer is the capacity to dial
telephone numbers without the assistance
of human intervention. Because the hotel
chain's calling system would not initiate an
outbound call without an agent pressing a
button, the district court determined that the
element of human intervention prevented
the hotel chain's "click to dial" system at issue
from constituting an ATDS. The district
court also found that there was no evidence
that the system was a predictive dialer or
that the system generated numbers and then
called them.
Although the U.S. Court of Appeals for
the D.C. Circuit in ACA Int'l ultimately
eviscerated the FCC's expansive definition
of "automatic telephone dialing system," it
did not conclusively define an ATDS, nor

ACAINTERNATIONAL.ORG


http://www.ACAINTERNATIONAL.ORG

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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