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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.
- January 15, 2016On Friday, January 15, 2016, the Federal Communications Commission (FCC) filed a response to the lawsuit filed by CBA, and co-petitioners, challenging the FCC’s order for the Telephone Consumer Protection Act (TCPA). The FCC argued its definition of an autodialer corresponds with statutory text, is good policy, has sufficient limiting principles, and appropriately encompasses predictive dialers...January 7, 2016On Thursday, January 7, 2016, CBA sent a joint trade letter to Congressional leadership in support of the Fairness in Class Action Litigation Act (FICALA), H.R. 1927, which is expected to receive a vote by Friday, January 8, 2016. FICALA seeks to curb litigation abuses in Telephone Consumer Protection Act (TCPA) class actions and other types of litigation where parties in overbroad classes do not...December 4, 2015Bureau Releases CARD Act Report On Thursday, December 3, 2015, the CFPB released its biyearly report on the effects of Credit Card, Accountability, Responsibility and Disclosure (CARD) Act on consumer credit. Signed into law in May of 2009, the Bureau assumed authority for the Act in July 2011. The law directs the CFPB to regularly review the credit card market and the impact of the law's rules...December 3, 2015The Federal Communications Commission (FCC) issued a Declaratory Ruling and Order (Declaratory Ruling) on July 10, 2015 in response to 21 separate requests seeking clarifications to the Telephone Consumer Protection Act (TCPA). The Declaratory Ruling has acute implications for any organization that uses an autodialer or prerecorded messages to make non-emergency calls to wireless phones...November 30, 2015On November 25th, joint petitioners ACA International, Sirius XM, PACE, salesforce.com, ExactTarget, Consumer Bankers Association, U.S. Chamber of Commerce, Vibes Media, and Portfolio Recovery Associates (“Petitioners”), filed their opening brief in the consolidated appeal of the FCC’sJuly 10, 2015 Declaratory Ruling and Order (the “Order”) in the United States Court of Appeals for the District...November 25, 2015No. 15-1211 (and consolidated cases) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ACA INTERNATIONAL ET AL., v. Petitioners, FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents CAVALRY PORTFOLIO SERVICES, LLC ET AL., Intervenors for Petitioners ON PETITIONS FOR REVIEW FROM AN ORDER OF THE FEDERAL COMMUNICATIONS COMMISSION JOINT BRIEF FOR...November 6, 2015House Kills Fed Dividend Cut in Highway Bill This week, with newly elected Speaker Paul Ryan at the helm, the U.S. House of Representatives passed a six-year transportation funding bill . In July, the Senate passed its version of this bill, but with one key difference: a controversial funding measure which would reduce the dividend banks receive from the Federal Reserve (from 6 percent to 1.5...September 18, 2015CFPB Develops New Tools for Consumers Shopping for a Mortgage On Thursday, September 17, 2015, the CFPB released new online tools under its "Know Before You Owe" initiative to help consumers shopping for a mortgage. The new tools are designed to help consumers decide if they are ready to purchase a home, how to get a mortgage, obtain an offer, and close the transaction. "Our new mortgage forms...September 16, 2015Within hours of the July 10, 2015 release of the Federal Communications Commission’s Declaratory Ruling on the Telephone Consumer Protection Act, ACA International was the first to file suit seeking judicial review from the United States Court of Appeals for the District of Columbia Circuit. The FCC’s ruling reaffirmed the law but portions of it also remain vague. Now, the suit has united...September 10, 2015FCC Pole Attachment Complaint Verizon filed a pole attachment complaint against Dominion, seeking more than $16 million in refunds for alleged overcharges in pole attachment rental fees. Dominion’s response is due October 17. CII Sharing Public Safety Spectrum Last week, the FCC released a Notice of Proposed Rulemaking seeking comment on a Petition filed last year by the National Public Safety...