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The Telephone Consumer Protection Act

The Telephone Consumer Protection Act . 2012 NCHELP Winter Legal Meeting January 19, 2012 New Orleans, Louisiana. John L. Culhane, Jr., Esquire culhane@ballardspahr.com 215.864.8535. The Telephone Consumer Protection Act. General Overview Select Legislative Developments

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The Telephone Consumer Protection Act

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  1. The Telephone Consumer Protection Act 2012 NCHELP Winter Legal MeetingJanuary 19, 2012New Orleans, Louisiana John L. Culhane, Jr., Esquire culhane@ballardspahr.com 215.864.8535

  2. The Telephone Consumer Protection Act • General Overview • Select Legislative Developments • Select Regulatory Developments • Significant Case Law Developments – Substantive Liability

  3. Mobile Informational Call Act of 2011 • Introduced by Rep. Terry on September 22, 2011 • Hearings held on November 4, 2011 • Letter from NAAG sent on December 7, 2011 • Bill pronounced “dead” on December 17, 2011

  4. Mobile Informational Call Act of 2011 (cont.) • Narrows definition of autodialer (use not capacity) • Permits non-solicitation call for commercial purpose • Defines prior express consent • Deems providing a phone number to evidence consent • Prohibits contrary state regulation

  5. FCC Proposed Amendments to TCPA Rules • Released by the FCC on January 22, 2010 (FCC 10-18, CG Docket No. 02-278) • Published in the Federal Register on March 22, 2010 (75 Fed. Reg. 13471) • Comment periods ended May 21, 2010 and June 21, 2010 • Last indication of status in FCC semi-annual regulatory agenda – “Undetermined”

  6. FCC Proposed Amendments (cont.) • Proposes to “harmonize” FCC and FTC positions • Would apparently adopt a written consent requirement • Would apparently eliminate the “established business relationship” exception • Would apparently conform opt-out and disclosure mechanisms

  7. Significant Case Law Developments • First American Financial Corporation v. Edwards (pending) • Meadows v. Franklin Collection Service, Inc., 414 Fed. Appx. 230, 2011 WL 479997 (11th Cir. Feb. 11, 2011)

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