Congress Amends TCPA Liability for Certain Debt-Collection Calls | Practical Law

Congress Amends TCPA Liability for Certain Debt-Collection Calls | Practical Law

As part of the Bipartisan Budget Act of 2015, Congress amended the Telephone Consumer Protection Act to allow certain debt-collection calls that use automated telephone equipment to call wireless and residential telephones.

Congress Amends TCPA Liability for Certain Debt-Collection Calls

Practical Law Legal Update w-000-8596 (Approx. 4 pages)

Congress Amends TCPA Liability for Certain Debt-Collection Calls

by Practical Law Commercial Transactions
Law stated as of 17 Nov 2015 • USA (National/Federal)
As part of the Bipartisan Budget Act of 2015, Congress amended the Telephone Consumer Protection Act to allow certain debt-collection calls that use automated telephone equipment to call wireless and residential telephones.
On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 (H.R. 1314) into law. Among other things, the Bipartisan Budget Act amends the Telephone Consumer Protection Act (TCPA) by limiting certain debt-collectors' liability for making calls to wireless and residential telephone lines without the called party's prior express consent.
Under these amendments, a party attempting to collect a debt owed to or guaranteed by the US government is no longer prohibited from using an:
  • Automatic telephone dialing system or an artificial or prerecorded voice to call wireless phone numbers.
  • Artificial or prerecorded voice to call residential phone numbers.
The Federal Communications Commission must issue regulations implementing this amendment within nine months of the Bipartisan Budget Act's enactment.
For more information on the TCPA, see Practice Notes, TCPA Litigation: Key Issues and Considerations and Direct Marketing and Article, Answering the Call: The FCC Issues New Telemarketing Guidance.