Posted: May 18, 2016
On May 6, 2016, the FCC released a Notice of Proposed Rulemaking (NPRM) regarding the Telephone Consumer Protection Act (TCPA). Through this NPRM, the FCC “seek(s) to balance the importance of collecting debt owed to the United States and the consumer protections inherent in the TCPA.” In order to accomplish this goal, this NPRM allows for commentary and proposals on how the FCC will restrict the number and duration of calls to collect debts owed to or guaranteed by the United States.
In short, the proposed amendments to the TCPA will allow any entity to send prerecorded messages and dial both wireless and landline numbers with an automatic telephone dialing system (ATDS) without the prior express consent of the called party, if the purpose of the call is to solely collect a debt owed to, or guaranteed by, the US.
Previously, the TCPA prohibited the dialing of wireless numbers with an ATDS for any purpose without the prior express consent of the called party.
Throughout the NPRM, the FCC outlines and seeks comments on the following issues:
The FCC proposes to restrict the number of dial attempts for debt collection and servicing calls to 3 attempts per month. This limitation applies to calls regardless of whether the consumer answers the phone as well as to prerecorded messages delivered to wireless numbers. In regards to text messages, the FCC seeks comment on whether a limitation to the length of a text message should be implemented. The FCC also proposes that consumers should have the right to opt-out of future debt collection and servicing calls.
Other questions the FCC seeks comment on include:
Please contact us at firstname.lastname@example.org if you have any questions about this or any other compliance issues.
Mackenzie Frerich is a Consultant at CompliancePoint. She works with clients in a variety of industries and aims to keep them updated on the latest changes in the regulatory environment related to U.S. federal and state consumer privacy law and direct marketing compliance. Her focus is on helping clients mitigate risk by assisting them in refining the processes and procedures necessary to comply with the complex consumer contact requirements. Mackenzie has earned her Customer Engagement Compliance Professional (CECP) certification from the Professional Association for Customer Engagement (PACE), a Customer Engagement Compliance Professional (CECP) certification from the Professional Association for Customer Engagement (PACE), and has a B.A. in International Affairs from the University of Georgia.