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.
- April 8, 2021Supreme Court’s TCPA Decision “A Win for Consumers and Small Businesses” WASHINGTON – The U.S. Supreme Court delivered an important win for consumers and small businesses last week when it ruled 9-0 in Facebook v. Duguid to narrow the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), protecting a bank’s ability to communicate with its...
- September 14, 2020INTRODUCTION AND SUMMARY OF ARGUMENT Modern businesses must communicate with their customers in a rapid, efficient manner. This isn’t only because businesses want to provide excellent customer service. Customers expect, and even demand, routine communications like health care appointment reminders, delivery notifications, low-balance alerts, and fraud warnings. Consumers rely on these...
- August 31, 2020The American Bankers Association, ACA International, American Association of Healthcare Administrative Management, American Financial Services Association, Consumer Bankers Association, Credit Union National Association, Mortgage Bankers Association, National Association of Federally-Insured Credit Unions, National Retail Federation, and Student Loan Servicing Alliance (the Associations)...
- May 21, 2020Dear Ms. Dortch: The American Bankers Association (ABA), American Financial Services Association, Consumer Bankers Association, Credit Union National Association, Independent Community Bankers of America, Mortgage Bankers Association, and National Association of Federally-Insured Credit Unions1 (collectively, the Associations) appreciate the opportunity to submit this reply comment in support of...
- April 20, 2020Ms. Dortch: The Consumer Bankers Association (CBA) writes regarding the Petition for Expedited Declaratory Rule, Clarification, or Waiver filed by CBA, the American Bankers Association, and other associations March 30, 2020 (Petition). CBA strongly urges the Federal Communications Commission (FCC) to act without delay to issue an interim declaratory ruling stating calls and text messages placed...
- March 30, 2020The American Bankers Association (ABA), American Financial Services Association (AFSA), Consumer Bankers Association (CBA), Credit Union National Association (CUNA), Independent Community Bankers of America (ICBA), Mortgage Bankers Association (MBA), and National Association of Federally-Insured Credit Unions (NAFCU) (collectively, the Associations) request an expedited declaratory ruling,...
- February 5, 2020Dear Ms. Dortch: On behalf of the U.S. Chamber of Commerce, the U.S. Chamber Institute for Legal Reform, and the U.S. Chamber Technology Engagement Center (collectively “the Chamber”), ACA International, American Association of Healthcare Administrative Management, American Bankers Association, American Financial Services Association, Consumer Bankers Association, Credit Union National...
- January 29, 2020Dear Ms. Dortch: The Consumer Bankers Association (CBA) appreciate the opportunity to comment on the Federal Communications Commission’s (Commission) staff Report on Robocalls. CBA appreciates the Commission’s efforts to combat illegal automated calls, and feels reporting on fraudulent calls and the technologies that combat them is an important step in an ongoing fight. Financial institutions...
- July 24, 2019Marlene H. Dortch Secretary Federal Communications Commission 445 12 th Street, SW Washington, DC 20554 Re: Third Further Notice of Proposed Rulemaking, Advanced Methods to Target and Eliminate Unlawful Robocalls, CG Docket No. 17-59, WC Docket No. 17-97, 84 Fed. Reg. 29,478 (June 24, 2019) Ms. Dortch, The Consumer Bankers Association (CBA) appreciates the opportunity to comment on the Federal...
CBA Comment Letter re Exemptions Implemented Under the TCPA of 1991