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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.


State Court Opinion in TCPA Class Action Lawsuit Takes TCPA to Task; And Includes Interesting Insurance Sub-plot

Court: “This case is typical of the TCPA class action cases… members received notice of the settlement more than five years after receiving the unsolicited fax, making the likelihood of filing a claim very low. In this appeal, which consists of a 12-volume record and 120 pages worth of briefs… the only ones who stand to reap any significant benefit from a favorable outcome are the attorneys for the class.”


The Senate Takes a Close Look at the TCPA

Republicans and Democrats on Capitol Hill held a passionate debate about “robocalls” on Wednesday, during a hearing about the effectiveness of the Telephone Consumer Protection Act (TCPA). We predicted that it would be “fascinating,” and it certainly turned out that way. At the Senate Commerce Committee’s “The Telephone Consumer Protection Act at 25: Effects on […]


LiveVox Partners with CBA to Discuss the Latest Vicarious Liability Trends for Retail Banking Contact Centers

SAN FRANCISCO, Calif. – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced it has partnered with the CBA to host a panel of legal and operations experts as they discuss the unique impacts and approaches to vicarious liability for retail banking consumer contact centers. The webinar takes place this Friday, May […]


Senate Committee to hold Hearing to Examine Effects of 25-Year-Old TCPA on Modern Consumers and Businesses

In a press release issued yesterday, U.S. Senator John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, announced that he will convene a full committee hearing titled “The Telephone Consumer Protection Act at 25: Effects on Consumers and Business” on Wednesday, May 18, 2016, at 10:00 a.m. The hearing will examine […]


EFC, NCHER, and SLSA Respond to FCC’s Proposal Restricting Effective Contact to Student Loan Borrowers

Washington, DC — Friday evening, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (NPRM) to implement a provision in the Bipartisan Budget Act of 2015, signed into law by President Obama in November, amending the Telephone Consumer Protection Act (TCPA). While the legislation applies to calls “solely to collect a debt owed to or guaranteed by the United […]