On March 16, 2018, the U.S. Court of Appeals for the D.C. Circuit released its hotly anticipated decision in ACA Int’l v. FCC. The decision—impacting a wide range of industries (including financial services, retail and healthcare)—limited the FCC’s overly expansive definition of “automatic telephone dialing system” (ATDS) and vacated its ruling on reassigned telephone numbers, but declined to set aside other rulings governing calls and texts to consumers.
Through our TCPA Connect newsletter, Manatt continues to track developments surrounding this formative decision, guiding you through its interpretation issues and overall impact on litigation in the Telephone Consumer Protection Act (TCPA) world. Manatt’s TCPA team monitor and report on noteworthy federal district- and appellate-level decisions interpreting, applying or otherwise evaluating ACA Int’l, developments in the recent Ninth Circuit case of Marks v. Crunch San Diego LLC which appeared to contravene ACA Int’l, and significant changes coming out of the FCC.