On July 10, 2015, the Federal Communications Commission’s (“FCC” or the “Commission”) released its omnibus Declaratory Ruling and Order (“TCPA Declaratory Ruling and Order” or “Ruling”).  ACA International, Inc. announced an appeal the same day, and two other parties filed petitions shortly thereafter.  Following procedures for handling multi-jurisdiction litigation, the appeals were consolidated in the D.C. Circuit for review.  The lead case is ACA International v. FCC, D.C. Cir. No. 15-1211.  Other petitions consolidated in the appeal have been filed by:  Professional Association for Consumer Engagement (PACE), Sirius XM Radio, Inc., Salesforce.com Inc., Exact Target, Inc., Consumer Bankers Association, Rite Aid and Vibes Media, LLC.  Intervenors include Council of American Survey Research Organizations (CASRO), Marketing Research Association (MRA), MRS BPO LLC, Cavalry Portfolio Services, LLC, Diversified Consultants and Mercantile Adjustment Bureau, LLC.

Petitioners are challenging the FCC’s rulings on the definition of “autodialer,” liability for calls to reassigned telephone numbers, and the ability of consumers to revoke consent by any reasonable means.   (American Bankers Association has filed a petition for reconsideration or modification of the same order, but addressing the new exemptions established for financial or healthcare messages.)