Collection Agency Trade Group Petitions Against FCC’s TCPA Order

ACA International, a U.S. trade group representing collection agencies and debt buyers, has recently filed a petition against the Federal Communications Commission (FCC) for the group’s attempt to redefine aspects of the Telephone Consumer Protection Act (TCPA).

ACA believes that the redefinition is deceptively vague and distorts the meaning of the TCPA. The ACA alleges that the changes will cause problems for legitimate telemarketing callers, and cause them to encounter legal problems that are not consistent with the intention of the TCPA.

ACA International accuses the FCC of attempting to redefine an “automatic telephone dialing system” in an arbitrary and capricious manner. According to ACA, the new definition extends the FCC’s jurisdiction unlawfully to regulate telephones that do not and should not fall under the definition of an “automatic telephone dialing system.”

ACA is concerned that the new TCPA order lacks meaningful standards, and is so vague in its definition that the average person can no longer tell what kind of call is actually prohibited.

The order, ACA says, “unlawfully interferes with and unduly burdens” callers’ ability and right to communicate with their customers, as well as other consumers. This, in turn, unlawfully cuts into a caller’s right of free speech as guaranteed by the Constitution.

The petitioner also took issue with the FCC’s treatment of the phrase “prior express consent,” which it said was also arbitrary and capricious.

ACA’s petition argues that Congress originally enacted the TCPA to balance the protection of individual rights and the execution of legitimate telemarketing practices.

According to this petition, the TCPA’s recent order disregards this balance and creates a “regulatory web” that causes major legal problems for legitimate, compliant, and law-abiding callers.

The 2015 TCPA Order Petition is ACA International v. Federal Communications Commission, et al., Case No. 15-1211, in the U.S. Court of Appeals for the District of Columbia Circuit.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

Get a Free Case Evaluation Now