TCPA Litigation in the Post-ACA World: How Federal Courts Are Shaping the Issues

In a long-awaited and highly publicized opinion in March of 2018, the Court of Appeals for the D.C. Circuit decided the case of ACA International v. FCC, which addressed the FCC’s 2015 Declaratory Ruling and Order interpreting various provisions of the Telephone Consumer Protection Act (TCPA). Among other things, the ACA court vacated the FCC’s definition of an “autodialer,” or “ATDS,” and also confirmed parties’ ability to agree on specific procedures for revocation of consent to be called by an ATDS. Recent federal court decisions have offered further clarity on these two issues and consequently have begun to shape the post-ACA world of TCPA litigation.