Telephone Consumer Protection Act (TCPA) Issues

Uncertainty around the TCPA has resulted in an explosive growth in litigation potentially exposing mortgage servicers to significant liability for making good faith, and statutorily required, attempts to contact borrowers about ways to avoid foreclosure or their options in the event of a disaster.

Overview: The Telephone Consumer Protection Act (TCPA) was enacted in 1991 to protect consumers against unwanted telemarketing calls to cellular telephones made by "autodialers." At that time, the law could not comprehend the future in which cell phone usage has become increasingly widespread and many households now rely solely on cell phones as their primary means of communications. The D.C. Circuit invalidated the FCC's sweeping 2015 Declaratory Ruling, forcing the Commission to engage in another round of TCPA rulemaking. In the interim courts continue to tackle the TCPA with varying interpretations of the statute. The FCC should resolve TCPA uncertainty and consider common sense clarifications to provide needed clarity and settle these issues for consumers and businesses.

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