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.
  • September 3, 2015
    The Consumer Bankers Association (CBA) announced today that they have filed a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order in the United States Court of Appeals for the District of Columbia Circuit. The Petition for Review details the various challenges to the FCC Ruling, alleging that the FCC acted arbitrarily and capriciously in the...
  • September 2, 2015
    On Sept. 1, 2015, Consumer Bankers Association filed a petition for review of the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order with the United States Court of Appeals for the District of Columbia Circuit. In the petition for review, CBA challenges: 1. The FCC’s findings that the “capacity” of an automatic telephone dialing system (ATDS) is “not limited to its...
  • September 1, 2015
    CONSUMER BANKERS ASSOCIATION, Petitioner , v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. ) Case No. 15-1304 PETITION FOR REVIEW Pursuant to 5 U.S.C. § 706, 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(1), 2343 and 2344, and Federal Rule of Appellate Procedure 15(a), the Consumer Bankers Association (CBA) hereby petitions the United States Court of Appeals for the District of Columbia Circuit for...
  • July 31, 2015
    Inspector General Study on CFPB Complaint Portal Finds Inadequacies On Thursday, July 23, 2015, the Office of the Inspector General (OIG) for the CFPB and Federal Reserve Board finalized the Security Control Review of the CFPB’s Data Team Complaint Database. The OIG it will not release the full report due to the sensitive nature of the information, but instead published a summary of conclusions...
  • June 19, 2015
    CFPB Issues Mid-Year Update of Student Loan Market On Thursday, June 18, 2015, the CFPB Student Loan Ombudsman issued a Mid-Year Update about complaints received regarding private student loans, and debt collection complaints about federal student loans. The report highlighted lenders policies regarding co-signer release, and found more than 90 percent of consumers who applied for co-signer...
  • June 18, 2015
    Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), issued the following statement in response to today’s Federal Communications Commission’s (FCC) vote related to clarifications of the Telephone Consumer Protection Act (TCPA): “CBA member banks are committed to the spirit of the TCPA and go to great lengths to comply, but they are still facing stifling lawsuits. We are...
  • June 18, 2015
    Washington, D.C. – Richard Hunt, President and CEO of the Consumer Bankers Association (CBA), issued the following statement in response to today’s Federal Communications Commission’s (FCC) vote related to clarifications of the Telephone Consumer Protection Act (TCPA): “CBA member banks are committed to the spirit of the TCPA and go to great lengths to comply, but they are still facing stifling...
  • June 11, 2015
    Squire Patton Boggs (US) LLP 2550 M Street, NW Washington, DC 20037 O +1 202 457 6000 F +1 202 457 6315 squirepattonboggs.com Monica S. Desai T +1 202 457 7535 Monica.desai@squirepb.com June 11, 2015 Ms. Marlene H. Dortch Secretary Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Re: Notice of Ex Parte – CG Docket No. 02-278 ACA International, CBA, AFSA, U.S. Chamber of...
  • June 5, 2015
    A big fight is expected at the FCC as the agency considers a declaratory ruling ​on the Telephone Consumer Protection Act, slated for a vote at the commission’s June 18 meeting (see [Ref:1505270048]), FCC and industry officials told us. Commissioners Ajit Pai and Mike O’Rielly have major concerns with the order, which was cast by Chairman Tom Wheeler as being strongly pro-consumer. The FCC’s item...

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