Petitioners recently filed their brief challenging the FCC’s July 10, 2015 Declaratory Ruling and Order addressing various TCPA petitions.  (Challenges are consolidated as ACA International, et al. v. FCC, Case No. 15-1211).  The Petitioners’ brief was filed on November 25, 2015; one week later, on December 2, 2015, Intervenors filed their arguments in support of Petitioners.

Petitioners and Intervenors challenge three rulings in the FCC Order:  (1) the definition of Automatic Telephone Dialing System (“ATDS”), (2) the treatment of calls to wireless numbers reassigned to other subscribers without the caller’s knowledge, and (3) the rule permitting customers to revoke consent “by any reasonable means.”  The briefs argue that the FCC’s definition of ATDS to include “potential functionalities” of equipment contradicts the TCPA’s definition of an ATDS and is otherwise arbitrary and unreasonable.  With respect to reassigned numbers, the briefs contend that the FCC’s interpretation of the term “called party” to mean the subscriber at the time of the call, not the intended recipient, is arbitrary and capricious.  Finally, with respect to revocation of consent, the briefs contend that the FCC’s conclusion is arbitrary and capricious because it fails to provide a workable means by which callers can track and implement consent revocations.

Ten Petitioners collectively filed the Petitioners’ brief; and nine Intervenors supported the subsequent Intervenors’ brief.  Additionally, fourteen amicus parties filed briefs in support of Petitioners’ arguments.  The FCC’s brief in response to these filings is due on January 15, 2016.  Oral argument before the D.C. Circuit is expected to occur in March or April.