A Closer Look At Long-Awaited DC Circ. Robocall Ruling

Law360 (March 20, 2018, 1:23 PM EDT) -- On March 16, 2018, the D.C. Circuit issued its long-awaited decision in ACA International v. Federal Communications Commission.[1] The court unanimously vacated in part and affirmed in part portions of the Federal Communication Commission's July 10, 2015, omnibus declaratory ruling and order (omnibus order) interpreting the Telephone Consumer Protection Act. 

Specifically, the D.C. Circuit vacated the commission's:

expansive definition of the statutory term "automatic telephone dialing system" (ATDS or autodialer), to eliminate the agency's construction that any device that has the "potential capacity" to dial numbers without human intervention, such as any smartphone, constitutes an autodialer. This definitional change is important because making calls...

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