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Telephone Consumer Protection Act
In 1991, when wireless phones were deemed a “luxury item,” the Telephone Consumer Protection Act (TCPA) was enacted to address certain telemarketing practices considered an invasion of consumer privacy, including calls to wireless phones (but not calls to landline phones). Today, 90% of Americans own wireless telephones, and 58.8% of households are mostly or entirely wireless-only. Though consumer preferences have changed, the TCPA has not. It continues to prohibit calls and messages to wireless phones even though they have clearly surpassed landline phones as the preferred means of communication. Without common sense reforms to modernize the TCPA, consumers will be unable to receive normal, expected communications about time-sensitive information on their mobile devices. CBA called upon the Federal Communications Commission to clarify existing rules to eliminate unintended litigation risk harming consumers and compliance driven businesses. CBA has advocated to Congress to update the TCPA to facilitate normal, expected and desired communications to consumers, and provide businesses with clarity when contacting customers.
- June 13, 2017On Tuesday, June 13, 2017, the House Judiciary Subcommittee on the Constitution and Civil Justice held a hearing entitled, “Lawsuit Abuse and the Telephone Consumer Protection Act (TCPA).” Hearing witnesses included Rob Sweeney, Founder and CEO of Mobile Media Technologies which facilitates non-profit text communications; Becca Wahlquist, Partner at Snell & Wilmer, representing the Chamber of...June 12, 2017June 12, 2017 The Honorable Steve King The Honorable Steve Cohen Chairman Ranking Member Subcommittee on the Constitution and Subcommittee on the Constitution and Civil Justice Civil Justice Committee on the Judiciary Committee on the Judiciary U.S. House of Representatives U.S. House of Representatives Washington, D.C. 20515 Washington, D.C. 20515 Dear Chairman King and Ranking Member Cohen: The...March 22, 2017Download Whitepape r. KPMG LLP (KPMG) is pleased to announce the release of the new point-of-view document related to our Chief Compliance Officer (CCO) Survey findings , The compliance journey: Boosting the value of compliance in a changing regulatory climate . In a time of new U.S. administrative impacts to the regulatory environment, determining how to boost the value you get from your...March 17, 2017Three Weeks to CBA LIVE: Get Your Boots and Jeans Ready! With record-breaking banker attendance, a sold-out exhibit hall and over 1,300 attendees, CBA LIVE: Where [ it ] Begins is 2017's biggest retail banking event of the year. Be sure to join us in Dallas, April 3-5, at the Gaylord Texan to catch entrepreneur, Heisman Trophy winner and former Dallas Cowboys Quarterback Roger Staubach ,...March 10, 2017In a joint letter to the FCC, trade groups highlight negative impacts the Petition for Rulemaking and Declaratory Ruling will have on businesses and consumers Washington, D.C. – The American Financial Services Association, the Consumer Bankers Association, the Credit Union National Association, the Financial Services Roundtable, National Association of Federally-Insured Credit Unions, and the...February 11, 2017Before the Federal Communications Commission Washington, D.C. In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 Petition for Reconsideration of Great Lakes Higher Education Corp.; Navient Corp.; Nelnet, Inc.; the Pennsylvania Higher Education Assistance Agency; and the Student Loan Servicing Alliance COMMENTS OF THE AMERICAN BANKERS ASSOCIATION AND...February 9, 2017On Friday, February 9, 2017, CBA and the American Bankers Association filed a joint TCPA petition support letter . In the 2015 Bipartisan Budget Act, Congress included a provision directing the Federal Communications Commission (FCC) to exempt autodialed and prerecorded calls “made solely to collect a debt owed to or guaranteed by the United States” from the TCPA’s prior express consent...October 21, 2016Time to Revamp the CFPB Structure Last week, a federal court decided a sitting president could immediately remove a CFPB director on a whim. This decision is concerning as it subjects the Bureau to political pressures by placing its directorship under the thumbprint of the president. In response, I penned an op-ed in USA Today calling for a five-person, bipartisan commission at the CFPB. With...October 4, 2016 - 2:00PMPastThe Telephone Consumer Protection Act (TCPA) is prompting more litigation, and particularly class-action litigation, than ever before. TCPA lawsuits are frequently settled in the millions of dollars. Therefore, strict compliance with all relevant TCPA rules is critical to any business that contacts consumers through telephone technology. Join AGG, Charter Spectrum and Equifax as we discuss...