On March 16, 2018, the D.C Circuit issued a decision invalidating portions of the FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order. Notably, the decision overturns as “arbitrary and capricious” the FCC’s definition of an automated telephone dialing system (“ATDS”) and the one-call safe harbor for calling a phone number that has been reassigned
ATDS
New FCC Order Spurs Legal Challenges
By Olivia Henry & Jordan Vick on
Posted in TCPA
The Association of Credit and Collection Professionals (ACA) swiftly-filed a petition for review of the FCC’s July 10, 2015 Declaratory Ruling and Order (FCC 15-72) in the U.S. Court of Appeals for the D.C. Circuit. The petition challenges the FCC’s treatment of automatic dialing systems, predictive dialers and its definition of prior express consent. Similar…