ACA International, a major trade group of collection agencies, has filed a petition for review with the Court of Appeals for the DC Circuit.  See ACA International v. Federal Communications Commission, Case No. 15-1211 (D.C. Cir. June 10, 2015).  The petition seeks to set aside certain rulings contained within the FCC's Declaratory Ruling and Order which were filed late Friday.  Specifically, the ACA contends:

  • the FCC's treatment of "capacity" within the definition of an "automatic telephone dialing system" ("ATDS") disregards the TCPA; and
  • the FCC's treatment of predictive dialers exceeds the FCC's statutory authority and impermissibly expands the definition of an ATDS.

The ACA also takes issue with the FCC's treatment of "prior express consent" and asks the court to compel the FCC to "establish a viable safe harbpr fpr autodialed "wrong number" non-telemarketing calls to reassigned wireless numbers" or "define "called party" as a call's intended recipient."