Tag Archives: TCPA

Webinar to Examine FCC’s TCPA Declaratory Rulings

July 13, 2015 — Maurice Wutscher will give a webinar on July 17 on the FCC’s TCPA declaratory rulings, which are expected to have a substantial impact on the financial services industry. The webinar has been rescheduled due to the delay in the release of the package of rulings.

The webinar will examine:

Dialer Technology

What do the rulings say about predictive dialers, preview dialers and future dialing technology? What does the FCC mean what it talks about “capacity” and “calling from a list of numbers?” Can you ever be certain that your equipment is not an ATDS?

Consent

What do the rulings mean for the manner, content or means a businesses must use to obtain prior, express consent to call a customer’s cellphone using an “automated telephone dialing system” or prerecorded message? And who provides the consent?

Revocation of Consent

The rulings allow consent to be withdrawn orally or in writing “through any reasonable means.” The FCC interprets the TCPA as not allowing callers to define the manner in which revocation can occur. We’ll discuss how revocation issues have been litigated and how that litigation will likely evolve as a result of the rulings.

Relief from Liability for Calling Reassigned Numbers

The risks of dialing a reassigned number using an ATDS remain large and it is likely to stay that way given the limited relief provided by the rulings. We’ll explore the “one call” exception and give our take on what role it can play going forward.

“Urgent” Information Calls

ATDS calls that would alert a consumer to certain events get special treatment. We will look at what kind of calls can qualify.

“Dual Purpose” and Telemarketing Calls

The rulings address the content of prior express written consent for “dual purpose” and telemarketing calls as well as whether all forms of prior express written consent obtained before the October 2013 rule change are effective. The rulings’ interpretation of these issues will be of special interest to lenders and loan servicers.

For more information and to register, click here.

Maurice Wutscher Attorneys Author Articles for The Business Lawyer

May 7, 2015 — Maurice Wutscher’s attorneys have authored articles regarding developments with the TCPA and the FDCPA for the latest issue of The Business Lawyer (Vol. 70, Issue 2).

In “Regulation of Calls Under the TCPA: A Fog of Uncertainty Remains,” Ralph Wutscher and his co-authors discuss FCC rulings on the Telephone Consumer Protection Act and pending petitions before the regulatory commission seeking clarification on what might constitute a TCPA violation.

“Clarification as to what constitutes an ATDS and other issues is still needed, as is demonstrated by the rapid increase in TCPA litigation, the potential uncapped exposure that could threaten and even annihilate a company, and the effect on numerous industries that rely on telecommunications as an integral part of their business,” they write.

Donald Maurice co-authored the article, “Continued Circuit Conflicts Create Uncertainty Under the FDCPA.” The article discusses the divergent decisions of the circuit courts on claims filed under the Fair Debt Collection Practices Act and the challenges facing the credit and collections industry as a result.

Disagreement among the courts involve expired statutes of limitations, the impact of bankruptcy law on FDCPA claims, and more, according to the authors.

The Business Lawyer is published by the American Bar Association’s Business Law Section.