SmartBrief
Confirm favorite deletion?
Consumer Law Keyed to Pridgen, 5th Ed.
ACA International v. FCC
Citation:
885 F.3d 687 (2018)Facts
The FCC’s 2015 Declaratory Ruling addressed multiple petitions concerning TCPA interpretation. The Commission defined an ATDS’s “capacity” to include potential functionalities achievable through software modifications, effectively encompassing smartphones. It determined that “called party” refers to the current subscriber of a reassigned number, not the intended recipient, but allowed a one-call safe harbor for callers unaware of reassignment. The FCC ruled that consumers may revoke consent through any reasonable means clearly expressing a desire to stop receiving calls. Finally, it exempted certain time-sensitive healthcare calls from consent requirements but excluded billing and marketing calls. Petitioners argued these interpretations were unreasonably broad, arbitrary, and inconsistent with statutory language and congressional intent.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.