Reed Smith Client Alerts

On Friday, March 16, 2018, the United States Court of Appeals for the District of Columbia issued its long-awaited ruling in ACA International et al. v. FCC (see attached). The petition before the court challenged aspects of the Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order issued by the Federal Communications Commission (FCC) in July of 2015.
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The court reviewed the 2015 order against the deferential “arbitrary and capricious” standard. In so doing, the court affirmed certain aspects of the 2015 order, set aside other determinations, and provided some guidance as to the proper understanding of the surviving portions.