May 2023 TCPA Grab Bag
May 2023 was a busy news month for telemarketing compliance and deliverability.
Congress Proposes TCPA Bill That Would Change ATDS Definition
A group of seven Democratic members of the House of Representatives recently introduced a new bill to amend the Telephone Consumer Protection Act (TCPA). The bill is titled the Robotext Scam Prevention Act. Its provisions include:
Recent Class Certification Against Bank Shows Risks of Wrong Numbers and Reassigned Numbers
A recent class certification ruling by the District Court in Arizona demonstrates several of the most dangerous aspects of the Telephone Consumer Protection Act (TCPA). The case—Head v. Citibank—stems from alleged violations committed by a bank while making collections calls.
Top Ten Telemarketing Compliance Stories of 2021
2021 was an eventful year in the world of telemarketing regulations. Here are the most important events and stories from the past year.
Wrong Numbers Are a TCPA Risk
Wrong numbers sometimes take a backseat to reassigned numbers when discussing Telephone Consumer Protection Act (TCPA) risks. But they represent a similar sort of risk without counterbalancing features like the Reassigned Numbers Database (RND) and its associated safe harbor. Understanding why wrong numbers serve as a source of TCPA risk and implementing measures to mitigate that risk are essential parts of TCPA compliance.
Summer Compliance News Roundup
2021 has already been an eventful year for compliance.
One Year Later: Tracking the Implementation of the TRACED Act
December 30, 2020 marks the one year anniversary of President Donald Trump signing the Pallone-Thune TRACED Act into law. The law, whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence, is the first major federal telemarketing legislation in more than a decade.
FCC Names Administrator for Reassigned Numbers Database
The Federal Communications Commission’s (FCC) reassigned number database was supposed to be available sometime this year, after delays in 2019. With only 3 weeks left in the year, it appears unlikely that they will meet that deadline.
CFPB Releases Final Debt Collection Rule
The Consumer Financial Protection Bureau (CFPB) released the final version of a debt collection rule that was last seen in proposed form back in May 2019.
TCPA vs. DNC
Telemarketing compliance is made difficult by the byzantine nature of telemarketing regulations. Any marketer can be forgiven for struggling to keep track of the varying levels of laws, regulatory agencies, and other enforcement mechanisms. However, there are two acronyms that loom large enough in the regulatory landscape that everybody knows them, even if they don’t really understand what they mean: TCPA and DNC.