Help Save the Telephone Consumer Protection Act

By | Consumer Protection | No Comments

The Telephone Consumer Protection Act (TCPA) is under attack. Enacted in 1991 for the express purpose of protecting consumers from telemarketer harassment and so-called “robocalls,” the Act has become a powerful tool for consumer-protection attorneys to discipline those industries that rely on robocalling. However, through shifts in technology and clever equipment settings, robocall-reliant industries continually attempt to evade the TCPA’s definition of an automated telephone dialing system (ATDS). Thankfully, the Federal Communication Communications Commission (FCC) and the courts have taken a broad view of what constitutes an ATDS in order to ensure that the TCPA’s intents and purposes are upheld even in the face of technological change. Now the FCC is being pressured by industry groups into eviscerating the Act’s definition of an ATDS, thus opening the door for a tidal wave of telephone and SMS text message harassment.

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