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.
  • September 8, 2015
    WASHINGTON, D.C. - Joining the journey first started by ACA International, the U.S. Chamber of Commerce as well as the Consumer Bankers Association, recently filed petitions for review in the U.S. Court of Appeals for the D.C. Circuit, challenging several aspects of a declaratory ruling and order issued by the Federal Communications Commission this summer that officials believe will accelerate “...
  • September 4, 2015
    CBA Responds to Bureau's Normalization RFI On Monday, August 31, 2015, CBA responded to the CFPB's request for information on "best practices for 'normalizing' the raw complaint data it makes available via the [Consumer Complaint] Database so [the data is] easier for the public to use and understand." CBA emphasized the need to first verify the complaint data before the Bureau starts considering...
  • September 4, 2015
    As anticipated, additional parties continue to join the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order. On August 26, 2015, salesforce.com inc. and its wholly-owned subsidiary ExactTarget, Inc. (collectively “Salesforce”) filed a petition for review with the United States Court of Appeals for the District of Columbia Circuit. Salesforce.com Inc., et al. v. FCC, No. 15...
  • September 4, 2015
    On the heels of the Consumer Bankers Association announcement of its filing a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order, the U.S. Chamber of Commerce joins the band. The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions,...
  • September 3, 2015
    The Consumer Bankers Association (CBA) announced today that they have filed a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order in the United States Court of Appeals for the District of Columbia Circuit. The Petition for Review details the various challenges to the FCC Ruling, alleging that the FCC acted arbitrarily and capriciously in the...
  • September 2, 2015
    On Sept. 1, 2015, Consumer Bankers Association filed a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit. In the petition for review, CBA challenges: 1. The FCC’s findings that the “capacity” of an automatic telephone dialing system (ATDS) is “not limited to its...
  • September 1, 2015
    CONSUMER BANKERS ASSOCIATION, Petitioner , v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. ) Case No. 15-1304 PETITION FOR REVIEW Pursuant to 5 U.S.C. § 706, 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(1), 2343 and 2344, and Federal Rule of Appellate Procedure 15(a), the Consumer Bankers Association (CBA) hereby petitions the United States Court of Appeals for the District of Columbia Circuit for...
  • July 31, 2015
    Inspector General Study on CFPB Complaint Portal Finds Inadequacies On Thursday, July 23, 2015, the Office of the Inspector General (OIG) for the CFPB and Federal Reserve Board finalized the Security Control Review of the CFPB’s Data Team Complaint Database. The OIG it will not release the full report due to the sensitive nature of the information, but instead published a summary of conclusions...
  • June 19, 2015
    CFPB Issues Mid-Year Update of Student Loan Market On Thursday, June 18, 2015, the CFPB Student Loan Ombudsman issued a Mid-Year Update about complaints received regarding private student loans, and debt collection complaints about federal student loans. The report highlighted lenders policies regarding co-signer release, and found more than 90 percent of consumers who applied for co-signer...
  • June 18, 2015
    Washington, D.C. – Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), issued the following statement in response to today’s Federal Communications Commission’s (FCC) vote related to clarifications of the Telephone Consumer Protection Act (TCPA): “CBA member banks are committed to the spirit of the TCPA and go to great lengths to comply, but they are still facing stifling...

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