Jones Day Partner Shay Dvoretzky successfully argued the appeal in ACA Int’l v. Fed. Commc’ns Comm’n, 885 F.3d 687 (D.C. Cir. 2018) on behalf of the Petitioners challenging the TCPA’s 2015 TCPA Omnibus ruling. Now he’s talking with the Ramble podcast team about his views on that ruling and its impact on the FCC’s 2003 and 2008 predictive dialer rulings.
In an interview set to drop next Tuesday, he joined the Ramble podcast today to discuss, inter alia, his experience arguing ACA Int’l before the D.C. Circuit Court of Appeal and the ruling’s impact on the TCPA landscape.
As lead counsel for Petitioners in ACA Int’l, Counsel Dvoretzky is uniquely positioned to opine on the current split of authority as to whether or not the FCC’s predictive dialer rulings remain viable following the D.C. Circuit Court of Appeal’s ruling. His answer is clear:
“At this point, district courts are not bound by the 2003 and 2008 orders anymore. They are free to go back to the text of the statute and interpret what it says and decide based on that what functions do or do not make something an ATDS.”
-Shay Dvoretzky, July 5, 2017 on the Womble Bond Dickinson Ramble Podcast
Counsel Dvoretzky was also not shy in observing that “a lot of district courts have gotten that wrong–there have been some district courts have taken the view that the ACA decision was only reviewing the 2015 order.”
While acknowledging that there has been “some confusion” on the issue, Counsel stated that it was “very important” for defense counsel to advise district courts of the full context leading up to the ACA Int’l opinion so as to help courts reach the right decision on the predictive dialer issue. He goes on to provide valuable insight and advice as to how to do just that.
The full interview will be available here next Tuesday, July 10, 2018. Don’t miss it.