Joint Petitioners File Initial Brief in Consolidated Appeal of FCC’s TCPA Order

This article is republished with permission from Michael P. DalyJohn S. Yi, and Drinker Biddle & Reath LLP.  It originally appeared on

On November 25th, joint petitioners ACA International, Sirius XM, PACE,, ExactTarget, Consumer Bankers Association, U.S. Chamber of Commerce, Vibes Media, and Portfolio Recovery Associates (“Petitioners”), filed their opening brief in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order (the “Order”) in the United States Court of Appeals for the District of Columbia Circuit.  See ACA Int’l, et al. v. FCC, No. 15-1211 (D.C. Cir. Nov. 25, 2015).  Rite Aid filed a separate opening brief that we will address in a subsequent post.

After providing a detailed overview of the TCPA and the FCC’s prior rulings, the Petitioners argue that FCC’s recent Order “rewrote the TCPA,” “jeopardizes desirable communications that Congress never intended to ban,” and “encourage[s] massive TCPA class actions seeking crippling statutory damages.”  Brief at 2, 3.  They challenge three aspects of the Order in particular:  (1) its interpretation of the statutory definition of an ATDS; (2) its rulings regarding reassigned numbers; and (3) its pronouncements regarding the revocation of consent.

View this content by subscribing

Please register to unlock this content

I already have an account. Log in