ACA INTERN. v. FEDERAL COMMUNICATIONS COM'N

No. 15-1211, Consolidated with 15-1218, 15-1244, 15-1290, 15-1304, 15-1306, 15-1311, 15-1313, 15-1314, 15-1440, 15-1441.

885 F.3d 687 (2018)

ACA INTERNATIONAL, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Cavalry Portfolio Services, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2018.


Attorney(s) appearing for the Case

Shay Dvoretzky argued the cause for petitioners ACA International, et al. With him on the joint briefs were Helgi C. Walker , Monica S. Desai , Amy L. Brown , Jonathan Jacob Nadler , Christopher J. Wright , Jennifer P. Bagg , Elizabeth Austin Bonner , Robert A. Long , Yaron Dori , Brian Melendez , Tonia Ouellette Klausner , Keith E. Eggleton , Kate Comerford Todd , Steven P. Lehotsky , and Warren Postman . Lindsay S. See entered an appearance.

Charles R. Messer, pro se, was on the brief for amicus curiae Charles R. Messer in support of ACA International's petition.

Paul Werner argued the cause for petitioner Rite Aid Hdqtrs. Corp. With him on the briefs was Brian Weimer .

Thomas C. Mugavero , Steven A. Augustino , Jonathan E. Paikin , Jonathan G. Cedarbaum , Blaine C. Kimrey , and Bryan K. Clark were on the joint briefs for intervenors MRS BPO LLC, et al. in support of petitioners.

Don L. Bell, II was on the brief for amicus curiae The National Association of Chain Drug Stores, Inc. in support of petitioner Rite Aid Hdqtrs. Corp.

H. Russell Frisby, Jr. , Harvey L. Reiter , Aryeh Fishman , Michael Murray , and Jay Morrison were on the brief for amici curiae American Gas Association, et al. in support of petitioners.

Charles H. Kennedy was on the brief for amici curiae The American Bankers Association, Credit Union National Association and The Independent Community Bankers of America in support of petitioners.

Andrew B. Clubok , Susan E. Engel , and Devin S. Anderson were on the brief for amicus curiae The Internet Association in support of petitioners.

Joseph R. Palmore and Seth W. Lloyd were on the brief for amici curiae Retail Litigation Center, Inc., National Retail Federation, and National Restaurant Association in support of petitioners.

Bryan N. Tramont and Russell P. Hanser were on the brief for amicus curiae CTIA-The Wireless Association in support of petitioners.

Eric J. Troutman was on the brief for amici curiae American Financial Services Association, Consumer Mortgage Coalition, and Mortgage Bankers Association in support of petitioners. Jan T. Chilton and Kerry W. Frarnich entered appearances.

Amy M. Gallegos was on the brief for amicus curiae Communication Innovators in support of petitioners.

Scott M. Noveck , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Kristen C. Limarzi , Steven J. Mintz , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel.

Craig L. Briskin and Julie Nepveu were on the brief for amici curiae National Consumer Law Center, et al. in support of the Federal Communications Commission 2015 Omnibus Declaratory Ruling and Order.

Marc Rotenberg and Alan Butler were on the brief for amici curiae Electronic Privacy Information Center (EPIC) and Six Consumer Privacy Organizations in support of respondents.

Before: Srinivasan and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.


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