FCC Proposes to Enhance TCPA Protections to Address Mobile Phone Usage By Tod Aronovitz | 06/05/15 | 0 Comment

Consumer class action attorney Tod Aronovitz discussed the premise of the Telephone Consumer Protection Act (TCPA) and its safeguards against unsolicited and unwanted telemarketing calls in a prior ARONOVITZ Law blog post titled, “A Consumer Guide to the Telephone Consumer Protection Act (TCPA).”

One of the issues the Miami class action lawyer pointed out was the changing demographics of cell phone usage and how this law protects consumers against improper debt collection calls made to their mobile phones without having prior written consent.

This shift to a more predominant cell-phone using population has prompted the Federal Communications Commission (FCC), headed by Chairman Tom Wheeler, to further address improper telemarketing phone practices to mobile phones. The FCC also hopes to provide clarity to both consumers and businesses. On May 27, the agency took action by releasing a proposal of additional provisions to the TCPA designed to protect and empower consumers against unwanted robocalls and spam text messages to wireless phones.

Outlined in a Fact Sheet that was circulated to the other FCC Commissioners for their consideration, the proposed items will be voted on as a single omnibus item at the June 18 Open Commission Meeting. If approved, they would be considered effective immediately.

Regarding the TCPA, the following have been proposed. Some apply to both landline home service and cellular phones, while others apply only to wireless service.

• Consumers would have the right to revoke their consent to receive robocalls and robotexts in any reasonable way at any time for both landline and wireless services.

• Carriers could offer robocall-blocking technologies to consumers. Also, carriers would be able to implement market-based solutions that consumers could use to stop unwanted robocalls for both landline and wireless services.

• Consumers who inherit a phone number would not be subject to a barrage of unwanted robocalls to which a previous subscriber of the number consented for both landline and wireless services. If a phone number has been reassigned, callers must stop calling the number after one call.

• An “autodialer” would be considered any technology with the capacity to dial random or sequential numbers. The ruling would ensure robocallers cannot skirt consumer consent requirements for wireless service through changes in calling technology design or by calling from a list of numbers.

• Allow very limited and specific exceptions for urgent circumstances; for example, free texts or calls to alert consumers about possible fraud on their bank accounts or remind them of important medication refills. Messages could not be marketing or debt collection related. Consumers would still be able to opt out of these calls and texts for wireless service even though they are permitted by law.

• Affirm consumers’ rights through these rulings to control the calls they receive for both landline and wireless services.

ARONOVITZ LAW: Miami Class Action Lawyers

The Miami class action law firm of ARONOVITZ LAW pursues justice for citizens across Florida who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. In addition to Florida consumer class action litigation, we can assist you with civil litigation including whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami consumer class action attorney Tod Aronovitz at 305-372-2772 for a confidential discussion of your case.