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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.

awards

LiveVox Receives 2016 CUSTOMER Magazine Product of the Year Award for its TCPA Risk Mitigation Dialing Systems, The Four Clouds

SAN FRANCISCO – LiveVox Inc., a leading provider of cloud contact center solutions for enterprise operations, announced that it was honored with the 2016 CUSTOMER Product of the Year Award for its industry leading TCPA-focused dialing systems, The Four Clouds. LiveVox’s Four Clouds is an array of risk mitigation dialing systems that provide the flexibility and […]

US-supreme-court

Supreme Court Sides with Consumer on TCPA Case Campbell-Ewald v Gomez in 6-3 Decision

In a 6-3 “no” for the industry, Ruth Bader Ginsberg, in her majority opinion, writes, “Campbell’s settlement bid and Rule 68 offer of judgment, once rejected, had no continuing efficacy. Absent Gomez’s acceptance, Campbell’s settlement offer remained only a proposal, binding neither Campbell nor Gomez. Having rejected Campbell’s settlement bid, and given Campbell’scontinuing denial of liability, Gomez gained no entitlement to the relief Campbell previously offered.”

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Time Warner Offers “Nomorobo” — a System That Blocks Robo- and Telemarketing Calls

Technology options like this were mentioned back in June, when the FCC held its mid-year TCPA clarification hearing. Several commissioners described the technology as a consumer-friendly way to escape the perceived constant pressure of intrusive calls. But is it possible this technology can do more harm for consumers and their financial health than good?

next step over a wall

FCC Responds In Consolidated Appeal From Its July 2015 Omnibus Ruling

On Friday, the FCC filed its response to the arguments of the joint Petitioners in the consolidated appeal from its July 10, 2015 Omnibus Ruling. The Commission’s brief addresses the scope of its statutory authority, the definition of an “ATDS”, the meaning of “called party” and the potential liability for calls to recycled numbers, the ability to revoke consent, healthcare-related calls and the emergency purpose exception, and First Amendment challenges to the Commission’s interpretations of the statute.

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EDNY Stays TCPA Putative Class Action Pending SCOTUS Cases, Petition in D.C. Circuit

This article previously appeared on The Consumer Financial Services Blog and is re-published here with permission. Joining several other federal district courts around the country, the U.S. District Court for the Eastern District of New York recently granted a joint motion to stay proceedings in a putative class action lawsuit alleging violation of the federal […]

information-technology-data

Experian Launches Phone Number ID™ to Solve Debt Recovery Challenges with Advanced Batch Phone Verification

Costa Mesa, Calif. — Experian®, the leading global information services company, today released Phone Number ID™, providing an innovative and comprehensive solution for consumer-contact businesses. As the latest addition to Experian’s debt collection product suite, Phone Number ID delivers a batch phone verification product that supports compliance with the Telephone Consumer Protection Act (TCPA), distinguishes […]