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TCPA

The Telephone Consumer Protection Act of 1991 (TCPA) is the primary law in the U.S. governing the conduct of telemarketers. Its primary regulator is the Federal Communications Commission (FCC). The TCPA restricts the use of dialers, prerecorded voice messages, SMS text messages received by cell phones, and the use of fax machines. As such, debt collectors often find themselves restricted in the communication technology they can use, especially when the technology is not explicitly mentioned in the law. For example, until the FCC issued a declaratory ruling in 2008, the ARM industry was tacitly restricted from using autodialer technology to call mobile phones. Similarly, the use of text messaging is currently a legal gray area for debt collectors.

Rotary Phone

“Human Intervention” by Strip Club is Sufficient to Defeat a TCPA Claim

In a decision issued on August 19, 2015, Magistrate Judge Howard R. Lloyd of the U.S. District Court for the Northern District of California ruled that “human intervention” defeated a claim that a strip club contacted a consumer using an ATDS in violation of the TCPA. This may be the first time in the history of this publication that we have highlighted a case involving a strip club. However, regardless of the type of business, the case is relevant to the industry.

Court Docs

4 Collection Agencies File Motion to Intervene in Support of Appeals of FCC’s July 10, 2015 Declaratory Ruling

On August 7, 2015, MRS BPO LLC, Cavalry Portfolio Services, LLC, Diversified Consultants, Inc., and Mercantile Adjustment Bureau, LLC filed a joint motion for leave to intervene  in the consolidated appeal of the FCC’s July 10, 2015 Declaratory Ruling and Order. On July 10, 2013 ACA International (the Association of Credit and Collection Professionals) (“ACA”).  […]

Fire

New Whitepaper Examines Mobile Strategies in a Post-FCC/TCPA World

The whitepaper, developed with DialConnection’s expertise and their incredibly popular webinar, Mobile Strategies in the Ever-Changing Age of Compliance, Presented by DialConnection, looks at four specific best-practice strategies for mobile numbers: Line type identification; time of day for outbound attempts; attempt counters to wireless numbers; and identifying wrong parties.