ACA International v. FCC, No. 15-1211 (D.C. Cir. 2018)Annotate this Case
Numerous regulated entities petitioned for review of a 2015 order in which the Commission sought to clarify various aspects of the Telephone Consumer Protection Act's (TCPA) general bar against using automated dialing devices to make uninvited calls. The DC Circuit upheld the Commission's approach to revocation of consent, under which a party may revoke her consent through any reasonable means clearly expressing a desire to receive no further messages from the caller; sustained the scope of the agency's exemption for time-sensitive healthcare calls; set aside the Commission's effort to clarify the types of calling equipment that fell within the TCPA's restrictions; vacated the agency's approach to calls made to a phone number previously assigned to a person who had given consent but since reassigned to another (nonconsenting) person; and determined that the agency's one-call safe harbor, at least as defended in the order, was arbitrary and capricious. Accordingly, the court granted the petitions for review in part and denied in part.