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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.

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Circuit Court Sides with Debt Collector in Reversing Controversial TCPA Ruling

The Eleventh Circuit Court of Appeals yesterday unanimously reversed a lower court ruling in Mais v. Gulf Coast Collection Bureau, a case that was extremely controversial in the debt collection industry due to the district judge deliberately ignoring an FCC ruling regarding consent to call a cell phone. Monday’s decision and opinion is seen as a major victory for debt collectors.

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Another Court Refuses to Defer to FCC’s Express Consent Ruling in TCPA Case

A district judge in New York this week certified a class action TCPA case against a debt collection agency where the defendant argued it had express prior consent to call a cell phone because the plaintiff had provided that number to the creditor. The ruling referenced and ignored an FCC order that allowed for autodialed calls to cell phones with express consent.

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BofA Wins Dramatic Attorney Fee Reduction in TCPA/Debt Collection Call Class Action

Last fall, Bank of America entered into a $32 million settlement to resolve a TCPA lawsuit over debt collection calls the bank made within its credit card and mortgage units. It has been called the largest TCPA settlement ever. Late last month, the judge in the case drastically lowered the amount of money the plaintiffs’ attorneys will see for their work in the final settlement approval.

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CSS IMPACT! Announces Compliance Suite 2014 Webinar Series

Join CSS IMPACT! HD 2.0 Compliance Suite Webinars, showcasing the latest new technologies for compliance. Wondering what industry leaders are doing to prevent breaches in compliance? New Agency Technologies Preventing Compliance Exceptions as they happen Adopting Compliance Management Tools as Backup Leveraging CSS’s Compliance on Demand Patented Technology, CSS IMPACT! 2.0 offers the industry’s first […]

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Join LiveVox Counsel and Audit Experts for TCPA/CFPB Chat

LiveVox Inc., the leading provider of cloud contact center solutions for enterprise operations, announced that its In-House Counsel, Mark Mallah, will join audit consultants to discuss the top questions asked and strategies created by today’s ARM contact center leaders in response to TCPA and CFPB pressures. The webinar takes place Wednesday, September 17th at 2:30pm EDT/ 11:30 am PDT.