Proposed FCC Rule Would Impact “Robocalls,” Collection Calls to Cell Phones

3/29/2010


The Federal Communications Commission (FCC) recently published in the Federal Register, 47 CFR Parts 64 and 68, a summary of a January 2010 Notice of Proposed Rulemaking ("NPRM"). The NPRM is aimed at amending the FCC's rules governing the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, to mirror the Federal Trade Commission's Telemarketing Sales Rule. The proposed rules could severely limit the efforts of collection agencies attempting to use new communications platforms such as cell phones, text messages, and social networks -- which are beyond the scope of the national Do-Not-Call Registry -- to pursue debtors. Any company engaged in large-scale collection efforts should closely monitor these FCC proceedings and consider commenting on the NPRM. Read more ...