Autodialer Junction, What’s Your Function? D.C. Circuit Reverses FCC’s Internally Inconsistent Interpretations of ATDS Functionality

The D.C. Circuit’s reversal of the FCC’s pronouncements as to “the precise functions that a device must have capacity to perform for it to be considered an ATDS,” will likely prove to be the most consequential aspect of the court’s opinion in the ACA International appeal. ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 at *9 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l”). The decision gives the FCC a blank slate to take a fresh look at this issue, and there is potential for big changes on the horizon.