Collector – July 2019 - 55

IAP

"ACA urged the appellate court to reject any interpretation of an ATDS that
requires equipment to merely store and dial telephone numbers."

did it settle the scope and proper application
of the TCPA. So until the FCC provides
much-needed clarity on these critical TCPA
issues or Congress does something to restore
common sense to the TCPA, courts around
the country are left to interpret the TCPA
to define an ATDS, providing legitimate
businesses, like ACA's members, with

another possible avenue to rein in TCPA
abuse.
Therefore, considering the lingering
confusion over the meaning of ATDS that
continues to create ongoing uncertainty and
compliance burdens for ACA's members,
ACA submitted its legal brief in the Glasser
case to share with the 11th Circuit the

accounts receivable management industry's
unique and direct perspective why the
only defensible interpretation of the TCPA
requires that equipment must have the
capacity to generate random or sequential
numbers to qualify as an ATDS. In doing
so, ACA urged the appellate court to
reject any interpretation of an ATDS that
requires equipment to merely store and dial
telephone numbers.
ACA explained that "[t]he definition
of ATDS is unambiguous and should be
read in accordance with its plain meaning.
Any other interpretation is not only
inconsistent with the basic rules of syntax
and grammar, but also with the [exact]
technology in existence at the time [the]
TCPA was drafted," which technology
Congress intended to regulate. ACA
argued that "[f]ar from preventing 'absurd'
results, [Glasser's] proposed definition
would manufacture 'absurd' results by
placing an additional cost burden on
an already highly regulated industry in
a manner that harms both American
consumers and the economy."
ACA's efforts to proactively support the
accounts receivable management industry
are part of the association's Industry
Advancement Program, and are made
possible by funding through ACA's Industry
Advancement Fund. 
If you want to read more about the most
recent significant judicial decisions involving
the accounts receivable management
industry, ACA members can always find
concise case summaries at acainternational.
org/industry-advancement-program.
Karen Scheibe Eliason is ACA International's
former vice president and senior counsel.

COLLECTOR 07.19

55

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

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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