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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.
- May 17, 2016May 17, 2016 The Honorable John Thune The Honorable Bill Nelson Chairman Ranking Member Committee on Commerce, Science Committee on Commerce, Science and Transportation and Transportation United States Senate United States Senate Washington, DC 20510 Washington, DC 20510 Dear Chairman Thune and Ranking Member Nelson: We, the undersigned organizations, commend the Committee for holding today’s...
- May 13, 2016On Friday, May 6, 2016, the Federal Communications Commission released a Notice of Proposed Rulemaking ( NPRM ) to implement the Bipartisan Budget Act provision exempting servicers of government debt from the Telephone Consumer Protection Act (TCPA). The NPRM solicits feedback on numerous questions including which calls should be covered, who can be called, and the limits on number and duration...May 5, 2016The FCC’s July 2015 Omnibus Ruling ("the Ruling") interpreting certain provisions of the Telephone Consumer Protection Act (TCPA) has been widely denounced by business interests for its expansive interpretation of the statute’s definition of an autodialer and edicts concerning revocation of prior express consent and reaching wrong or reassigned numbers. Specifically, the FCC ruled that the word "...February 18, 2016More than a dozen supporters of telemarketing services told the D.C. Circuit on Tuesday that a new Federal Communications Commission order to cut down on autodial calls to consumers clashes with federal law and puts unworkable burdens on companies that use autodialing to reach customers. The order creates a vague definition of "automatic telephone dialing system" that goes beyond the clear lines...February 16, 2016CBA and co-petitioners filed a joint Reply Brief on Tuesday, February 16, 2016, in the Telephone Consumer Protection Act (TCPA) litigation being considered by the D.C. Circuit Court of Appeals. In the Reply Brief, Petitioners countered arguments raised in the Federal Communication Commission’s (FCC) Response Brief and reiterated: 1. Dialing equipment must have the present ability to store or...February 16, 2016Document #1599016 Filed: 02/16/2016 Page 1 of 44 ORAL ARGUMENT NOT YET SCHEDULED No. 15-1211 (and consolidated cases) IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ACA INTERNATIONAL ET AL., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and UNITED STATES OF AMERICA, Respondents. CAVALRY PORTFOLIO SERVICES, LLC ET AL., Intervenors for Petitioners. ON PETITIONS FOR...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...