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.
December 3, 2015The Federal Communications Commission (FCC) issued a Declaratory Ruling and Order (Declaratory Ruling)[1] on July 10, 2015 in response to 21 separate requests[2] seeking clarifications to the Telephone Consumer Protection Act (TCPA).[3] 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 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...
September 8, 2015WASHINGTON, 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, 2015CBA 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, 2015As 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...
TCPA Appeal - Joint Brief for Petitioners