FCC Seeks Comments on ACA International's Request for TCPA Clarity

On Friday, Feb. 21, 2014, the Federal Communications Commission posted a public notice requesting comments regarding ACA’s petition requesting clarification and revisions to rules governing the TCPA.

Posting of the public notice opened a 30-day comment period, ending on March 24. ACA members are encouraged to submit thoughtful comments of support, which can be done electronically or by mail. To ensure your comments are submitted in support of ACA’s petition, please include reference to the Rulemaking Number – 11712 and Proceeding Number 02-278.

Online comments can be submitting via the FCC’s Electronic Comment Filing System. The FCC also has the ECFS Expert Form, which provides additional ways to find proceedings and allows you to upload documents including PDF files. Electronic comments must be filed by midnight Eastern Time on the date of the deadline. ECFS also allows you to view other comments that have been filed.

Mailed comments must be filed with the FCC no later than 7 p.m. EDT on the deadline date. Please include an original (with an original signature) and four copies of your comment, and be sure to include a contact name, address, and phone number. Please type in 12-point or larger font or write legibly. Cover letters are not necessary.

Address for U.S. Postal Service mail:

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Room TW-B204
Washington, DC 20554

Commercial overnight mail, other than U.S. Postal Service Express mail and Priority mail, must be addressed to:

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20734

ACA filed the petition on Jan. 31. The association’s intent is to allow covered communications to be governed by a clear, fair and consistent regulatory framework that protects the interests originally contemplated by Congress when it enacted the TCPA without impeding the legitimate business operations of the association’s members.

ACA’s petition is broad-based, asking the FCC to accomplish the following objectives:

• Confirm that not all predictive dialers are categorically automatic telephone dialing systems.

• Confirm that “capacity” under the TCPA means present ability.

• Clarify that prior express consent attaches to the person incurring a debt, and not the specific phone number provided by the consumer at the time a debt was incurred.

• Establish a safe harbor for autodialed “wrong number” non-telemarketing calls to wireless numbers.

The current 30-day comment period will be followed by a 15-day reply period. The FCC will then determine whether, and if so, when, a clarifying rule would be appropriate.

ACA will continue to keep members posted regarding the petition process and will be soliciting support from key stakeholders.

Filing this petition with the FCC is part of ACA’s integrated three-pronged effort to reform the TCPA (legal/litigation, regulatory and legislative). Submission of the FCC petition aligns with ACA’s regulatory strategy. In addition, ACA will be implementing strategies to provide industry support for key TCPA-related cases. The association will also be considering a coordinated future campaign to introduce and advocate for legislation in Congress to reform the TCPA.

ACA’s petition is part of ACA’s Industry Advancement Program and is made possible by funding through ACA’s Industry Advancement Fund.