26 Diverse Organizations File Briefs Supporting ACA's TCPA Lawsuit Against the FCC

A coalition of big-name supporters has stepped into the case between ACA International and the Federal Communications Commission over the controversial TCPA Ruling.

Dec 03, 2015, 13:59 ET from ACA International

WASHINGTON, Dec. 3, 2015 /PRNewswire-USNewswire/ -- ACA International, the association of credit and collection professionals, is pleased to announce that it has secured significant amici, or "friend of the court," support from a broad cross-section of trade groups and other interested parties in its pending appellate proceeding before the U. S. Court of Appeals for the District of Columbia.  

After the Federal Communications Commission issued its Declaratory Ruling and Order on the Telephone Consumer Protection Act in July 2015, ACA and other petitioners filed lawsuits appealing the FCC's TCPA Ruling. The petitioners in the consolidated case, ACA International, et al. v. Federal Communications Commission and United States, argue the FCC went well beyond the sensible mission of crafting reasonable TCPA protections for consumers aimed at curtailing abusive telemarketing activities, instead imposing an outdated, far-reaching and punitive regulatory model on legitimate businesses that use modern dialing systems to provide their customers normal, expected and desired information.  

The amicus support has been filed as part of the appeals process and provides important legal and policy context to the appellate court for overturning the arbitrary and capricious provisions of the TCPA Ruling. The following seventeen agencies filed as amici in eight separate amicus briefs in support of ACA and the other challengers: 

  • American Bankers Association
  • Credit Union National Association
  • The Independent Community Bankers of America
  • Retail Litigation Center, Inc.
  • National Retail Federation
  • National Restaurant Association
  • CTIA – The Wireless Association
  • Internet Association
  • American Gas Association
  • Edison Electric Institute
  • National Association of Water Companies
  • National Rural Electric Cooperative Association
  • Communication Innovators
  • American Financial Services Association
  • Consumer Mortgage Coalition
  • Mortgage Bankers Association 
  • The National Association of Chain Drug Stores, Inc.

Also, nine businesses and organizations who moved to intervene as parties to the appellate proceeding because of the direct affect the TCPA Ruling has on them filed a joint legal brief asserting that ACA's petition for review and others should be granted, and the challenged portions of the TCPA Ruling vacated: 

  • Cavalry Portfolio Services, LLC
  • Diversified Consultants, Inc.
  • Mercantile Adjustment Bureau, LLC
  • Council of American Survey Research Organizations
  • Marketing Research Association
  • National Association of Federal Credit Unions
  • Conifer Revenue Cycle Solutions, LLC
  • Gerzhom, Inc. 

"The wide spectrum of those who filed amicus briefs proves the breadth of support for challenging the FCC's vague and inconsistent interpretation of the TCPA. The FCC's TCPA Ruling goes directly against the original meaning and purpose of the statute. We are grateful for the backing of other industries in ensuring that law-abiding businesses can contact consumers with the information they need in the method they want," said CEO Pat Morris.  

ACA and other petitioners solidified their arguments against the FCC's expansive and controversial TCPA Ruling in a joint legal brief filed Nov. 25. The FCC is expected to respond on January 15. Ultimately, this judicial challenge could be a defining moment for the future of all business communications with consumers. 

ACA will continue to provide updates on the status of ACA's ground breaking litigation against the FCC. 

ACA International (ACA), the association of credit and collection professionals, is the largest membership organization in the credit and collection industry. Founded in 1939, ACA brings together third-party collection agencies, law firms, asset buying companies, creditors and vendor affiliates, representing tens of thousands of industry professionals. ACA produces a wide variety of products, services and publications, including educational and compliance-related information; and articulates the value of the credit and collection industry to businesses, policymakers and consumers. www.acainternational.org.

Available Topic Expert(s): For information on the listed expert(s), click appropriate link.
Rob Foehl - http://www.profnetconnect.com/robfoehl
Pat Morris - http://www.profnetconnect.com/patmorris

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Cindy Sebrell
VP Public Affairs, ACA International


SOURCE ACA International