The Telephone Consumer Protection Act was enacted into law in 1991. The Legislative intent of the statute was to curb telemarketing while avoiding transferring the costs to consumers. What seemed clear at the time – and what still seems clear today – is that the TCPA was not meant to include debt collection agencies within its purview.
And yet: here we are. The TCPA is very much a daily consideration for any collection agency that uses a dialer, and, coupled with the FDCPA, can be a major stumbling block for agencies attempting to do their job.
insideARM.com is excited to offer some solutions for agencies trying to stay on the right side of TCPA compliance:
Available starting today, we’re pleased to offer for sale this comprehensive report, written by David J. Kaminski, Esq., of Carson & Messer, that gives an overview of the TCPA — from a history of the law itself to links to current case law. Purchasers will also have access to a list of current Best Practices that can help keep your agency on the right side of the statute.
Here’s a partial excerpt:
In October of 2005, ACA International filed a petition to request that debt collection industry be exempted from the TCPA. This petition did not have the intended effect. Instead, the FCC issued a Declaratory Ruling – released January 4, 2008 – in which it clarified the “prior express consent to creditor and debt collection industry and rules” as follows:
- “Prior express consent” defined for creditors and debt collectors:
- “In this ruling, we clarify that autodialed and prerecorded message calls to wireless numbers that are provided by the called party to a creditor in connection with an existing debt are permissible as calls made with the ‘prior express consent’ of the called party.” Calls placed by a third party collector on behalf of that creditor are treated as if the creditor itself placed the call. (FCC 2008 Ruling, pars. 1 and 10)
In addition to the paid report, insideARM.com is hosting a FREE webinar on TCPA compliance on October 2.
Make sure you register for this webinar, sponsored by Interactive Intelligence. You’ll get a chance to listen in on four attorneys talking about the challenges and opportunities around TCPA compliance and collection technology. The participating attorneys:
- David Kaminski of Carson & Messer
- Don Maurice of Maurice & Needleman, P.C.
- John Rossman of Moss & Barnett
- Anita Tolani of Weinberg, Jacobs & Tolani, LLP
The webinar is scheduled for 2 October 2012, from 2.00 p.m. – 3.15 p.m.