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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.
- August 11, 2016On Thursday, August 11, 2016, the Federal Communications Commission (FCC) released an order interpreting last year’s Bipartisan Budget Act (BBA) provision about government owed debt. In a three to two vote, the FCC limited the types, number, and duration of calls allowed. In summary: 60 days after published in the Federal Register, which is contingent on approval by the Office of Budget and...July 25, 2016On Monday, July 25, 2016, the D.C. Circuit Court of Appeals ordered the oral arguments in CBA’s Telephone Consumer Protection Act case against the FCC, consolidated as ACA International v. FCC , be heard on October 19, 2016. The composition of judges on the panel will be released 30 days prior to oral argument.July 8, 2016Same-Day Paychecks According to a report from the New York Times this week, a growing number of employers are testing ways to provide their employees with faster access to their paychecks for a fee ranging from $0.50 to $5. Given the Federal Reserve’s recent report that nearly half the country cannot afford a $400 emergency expense, we certainly welcome these kinds of innovations. Additionally,...July 5, 2016On Tuesday, July 5, 2016, the Federal Communications Commission (FCC) released a Declaratory Ruling that clarified the Telephone Consumer Protection Act (TCPA) does not apply to calls made by the federal government or on its behalf when conducting official business. The FCC reasoned the federal government is not a “person” under the TCPA, but refrained from applying the same logic to state and...June 15, 2016The American Bankers Association and Consumer Bankers Association have responded to the Federal Communications Commission’s request for comment regarding its proposal to exempt autodialed and prerecorded calls “made solely to collect a debt owed to or guaranteed by the United States” from the Telephone Consumer Protection Act’s prior express consent requirement. READ MORE HEREJune 7, 2016Yesterday, the American Bankers Association (ABA) and the Consumer Bankers Association (CBA) filed joint comments to the Federal Communications Commission’s (FCC) May 16, 2016 proposed rule regarding non-telemarketing “robocalls” made to collect debts owed to or guaranteed by the United States. A copy of the 18 page response can be found here . Editor’s Note: The FCC was required by Congress to...June 6, 2016The American Bankers Association and the Consumer Bankers Association today challenged the Federal Communications Commission’s proposed rule regarding robocalls made to collect debts owed to or guaranteed by the United States. The groups noted that the FCC’s proposal does not fully comport with the Bipartisan Budget Act of 2015, which exempted from the Telephone Consumer Protection Act’s prior...June 6, 2016June 6, 2016 Via ECFS Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, NW Washington, DC 20554 Re: Request for Comment on Proposed Rule, CG Docket No. 02-278 Dear Ms. Dortch: The American Bankers Association1 and the Consumer Bankers Association2 (the Associations) appreciate the opportunity to submit this comment in response to the Federal Communications...June 6, 2016On Monday, June 6, 2016, CBA submitted a joint comment letter with the American Bankers Association responding to the Federal Communication Commission’s (FCC) notice of proposed rulemaking on the Bipartisan Budget Act (BBA) Telephone Consumer Protection Act (TCPA) exemption for debt “owed to or guaranteed by the United States.” In the letter, the Associations argued: The BBA exemption should...May 20, 2016On Wednesday, May 18, 2016, the Senate Commerce Committee held a hearing on “The Telephone Consumer Protection Act at 25: Effects on Consumers and Business.” The hearing featured testimony from Squire Patton Boggs' Monica Desai, who serves as CBA's outside counsel in an ongoing lawsuit challenging the FCC's TCPA Order. Key takeaways from the hearing include: Industry representatives explained...