Win For ACA's Legal Fund - FCC Autodialer Ruling Stands!
ACA is thrilled to announce the case of Leckler v. CashCall was dismissed and vacated on Friday, November 21, 2008! This is a tremendous victory for ACA and all members of the business community, collection agencies and debt buyers alike! Through its Legal Fund Committee, ACA retained the services of Members' Attorney Program (MAP) attorney David Kaminski and ACA's regulatory counsel Andrew Beato to coordinate efforts with CashCall's defense counsel to develop and ultimately pursue a successful strategy. The ACA Legal Fund Committee recognized the industry-wide significance of this case and provided the necessary financial support, guidance, and wisdom to continue this case through the legal process to a favorable end. As a result of this decision being dismissed and vacated, the Federal Communication Commission's (FCC) January 4, 2008 declaratory ruling remains firmly in tact. The ruling states that under the Telephone Consumer Protection Act (TCPA), an individual provides express consent to be called at her wireless number via autodialer or prerecorded message if she knowingly releases her wireless telephone number to the calling party. In particular, the FCC noted providing a wireless telephone number to a creditor, such as part of a credit application, would constitute prior express consent by the individual to be contacted at that number. The ruling was filed in response to ACA's request. Originally, the Leckler court rejected the FCC's declaratory ruling, stating the FCC's interpretation of the phrase "prior express consent" was "manifestly contrary to the plain language of the statute, is unreasonable, and therefore is not deserving of deference." On November 21, 2008, the same court found it did not have jurisdiction to review the FCC's declaratory ruling, and vacated its previous ruling as to the FCC's interpretation of prior express consent.