House Bill Seeks To Update Telephone Consumer Protection Act

A bill seeking to modernize the Telephone Consumer Protection Act (TCPA), a critical push for the collection industry, was introduced in the House of Representatives on Thursday.

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The Mobile Informational Call Act of 2011 seeks to update the TCPA by exempting informational calls to wireless phones from auto-dialer restrictions; clarify the “prior express consent” requirement; and continue the prohibition against the use of assistive technologies to call wireless numbers for telemarketing purposes.

ACA International in June introduced "The Path Forward: A Blueprint for Modernizing America’s Debt Collection System" - a five-point plan that touched on the TCPA concerns and other regulatory issues impacting the collection industry

“Given the explosive growth in consumer reliance on mobile devices as a preferred means for communication, this legislation will enact limited, common-sense revisions to facilitate the delivery of time-sensitive consumer information, while continuing to protect wireless consumers from unwanted telemarketing calls," says ACA International CEO Patrick J. Morris. “Modernization [of the TCPA] is among the top priorities for ACA members."

ACA International is the largest association for credit and collection professionals. The group formally commended the authors of the bill, Congressmen Lee Terry (R-NE), Edolphus Towns (D-NY), John Shimkus (R-IL) and Jim Matheson (D-UT).

“A strong consumer-protection environment depends on appropriate communication between businesses and their customers,” says ACA International Director of Federal Government Affairs Adam Peterman. “This landmark legislation will update TCPA’s outdated restrictions, while preserving its original intent to protect wireless consumers from unwanted telemarketing calls.”

In supporting the bill, ACA International joins a coalition of industries that rely on technologies to notify consumers about threats such as data breaches and fraud alerts; provide timely notice of flight and service appointment cancellations and drug recalls; and protect consumers against the adverse consequences of failure to make timely payments on an account.

Along with ACA, coalition partners include:
    •    American Bankers Association
    •    Financial Services Roundtable
    •    Air Transport Association
    •    Housing Policy Council
    •    Community Bankers Association
    •    Mortgage Bankers Association
    •    U.S. Chamber of Commerce
    •    National Council of Higher Education Loan Programs
    •    Education Finance Council
    •    Student Loan Servicing Alliance Private Loan Committee
    •    Edison Electric Institute
    •    National Association of College and University Business Officers (NACUBO)


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