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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.
- 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...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...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...