ACA International's Lawsuit Challenging the FCC's New Telephone Consumer Protection Act Ruling Earns Wide Multi-Industry Support

WASHINGTON, Sept. 16, 2015 /PRNewswire-USNewswire/ -- Within hours of the July 10, 2015 release of the Federal Communications Commission's Declaratory Ruling on the Telephone Consumer Protection Act, ACA International was the first to file suit seeking judicial review from the United States Court of Appeals for the District of Columbia Circuit. The FCC's ruling reaffirmed the law but portions of it also remain vague.

Now, the suit has united businesses and organizations from a wide variety of industries under one simple goal: to determine whether the FCC exercised its regulatory authority appropriately and ignored a controlling statute in order to expand the scope and reach of the TCPA in a way that Congress never intended, leaving a law in place that hurts legitimate, law-abiding businesses.

Since the FCC issued the Ruling and ACA filed its lawsuit, ten businesses and organizations have petitioned the court in opposition to the new TCPA rules. In addition, six other parties also moved to intervene or participate as amici curiae (friends of the court) in support of ACA. And most recently, six additional financial services organizations have written a letter urging the Senate Commerce, Science, and Transportation Committee and the House Energy Committee to hold a hearing to review the ruing.

"The overwhelming support we have received from businesses beyond the credit and collection industry shows just how wrong the FCC's ruling is," said ACA CEO Pat Morris. "It is at odds with the plain language of the TCPA, the original intent of Congress, and common sense. While ACA International vigorously opposes the abusive telemarketing activities that the TCPA seeks to curtail, the FCC's ruling goes several steps in the wrong direction and amounts to an attempt to expand its own power and sidestep Congress."

Sirius XM Radio and the Professional Association for Customer Engagement (PACE) were the first to join ACA in its fight against the new TCPA rules. On July 24, 2015, all petitions for review of the FCC's TCPA Ruling were consolidated into a single case in the D.C. Circuit. Following case consolidation, four more businesses and organizations (including the Consumer Bankers Association and the U.S. Chamber of Commerce) petitioned the court in opposition to the new TCPA rules.

Also, by Aug. 7, 2015, four other parties filed a joint motion to intervene, including ACA members MRS BPO, LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc. and Mercantile Adjustment Bureau, LLC.

Most recently, on Sept. 11, 2015, a letter expressing concern over the FCC's TCPA ruling was sent to members of Congress encouraging it to express appropriate oversight authority and to hold a hearing to review the ruling, citing that the rule has considerable impact on dozens of industries and millions of consumers. The letter was sent by the Consumer Mortgage Coalition, Credit Union National Association, Financial Services Roundtable, Mortgage Bankers Association, National Association of Federal Credit Unions, and Real Estate Services Providers Council, Inc.

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.

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Contact:
Cindy Sebrell
VP Public Affairs, ACA International
202-590-0882
[email protected]

SOURCE ACA International

Related Links

http://www.acainternational.org