Upload
william-bryant
View
212
Download
0
Embed Size (px)
Citation preview
The Telephone Consumer Protection Act
John L. Culhane, Jr., [email protected]
2012 NCHELP Winter Legal MeetingJanuary 19, 2012New Orleans, Louisiana
2
The Telephone Consumer Protection Act
• General Overview
• Select Legislative Developments
• Select Regulatory Developments
• Significant Case Law Developments – Substantive Liability
3
Mobile Informational Call Act of 2011
• Introduced by Rep. Terry on September 22, 2011
• Hearings held on November 4, 2011
• Letter from NAAG sent on December 7, 2011
• Bill pronounced “dead” on December 17, 2011
4
Mobile Informational Call Act of 2011 (cont.)
• Narrows definition of autodialer (use not capacity)
• Permits non-solicitation call for commercial purpose
• Defines prior express consent
• Deems providing a phone number to evidence consent
• Prohibits contrary state regulation
5
FCC Proposed Amendments to TCPA Rules
• Released by the FCC on January 22, 2010 (FCC 10-18, CG Docket No. 02-278)
• Published in the Federal Register on March 22, 2010 (75 Fed. Reg. 13471)
• Comment periods ended May 21, 2010 and June 21, 2010
• Last indication of status in FCC semi-annual regulatory agenda – “Undetermined”
6
FCC Proposed Amendments (cont.)
• Proposes to “harmonize” FCC and FTC positions
• Would apparently adopt a written consent requirement
• Would apparently eliminate the “established business relationship” exception
• Would apparently conform opt-out and disclosure mechanisms
7
Significant Case Law Developments
• First American Financial Corporation v. Edwards (pending)
• Meadows v. Franklin Collection Service, Inc., 414 Fed. Appx. 230, 2011 WL 479997 (11th Cir. Feb. 11, 2011)