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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.
- 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...September 22, 2016On Thursday, September 22, 2016, the House Energy and Commerce Communications and Technology Subcommittee held a hearing on “Modernizing the Telephone Consumer Protection Act.” Members of the committee asked witnesses how they would reform TCPA to ensure consumers receive informational communications while eliminating unwanted robocalls. Members also inquired as to any required technological...September 22, 2016Statement for the Record On behalf of the American Bankers Association Consumer Bankers Association Credit Union National Association Financial Services Roundtable National Association of Federal Credit Unions before the Committee on Energy and Commerce Communications and Technology Subcommittee United States House of Representatives September 22, 2016 Chairman Walden, Ranking Member Eshoo, and...September 22, 2016Washington, D.C. (September 22, 2016) – Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), today released the following statement in response to the House Energy and Commerce Committee’s hearing on the Telephone Consumer Protection Act (TCPA). “Out of touch with consumer preferences and expectations, the TCPA is in desperate need of reform. The TCPA effectively limits the...September 22, 2016WASHINGTON, DC (September 22, 2016) — Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), today released the following statement in response to the House Energy and Commerce Committee’s hearing on the Telephone Consumer Protection Act (TCPA). “Out of touch with consumer preferences and expectations, the TCPA is in desperate need of reform. The TCPA effectively limits the...