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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.

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reasonable TCPA protections for consumers aimed at curtailing abusive telemarketing activities, instead imposing an outdated, far-reaching and punitive regulatory model on legitimate businesses that use modern dialing systems to provide their customers normal, expected and desired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 interveneas 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,” said ACA International CEO Pat Morris. “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.”

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 judicialc hallenge 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.

For more information contact ACA Public Affairs or at (952) 928-8000