In light of the coronavirus (“COVID-19”) and its impact on business operations, it is important to be aware that Telephone Consumer Protection Act restrictions on calling or texting consumers for a commercial purpose still apply. These national restrictions include rules governing consent to contact cellular telephones and rules regarding revocation of consent. Moreover, certain
In the wake of many cities issuing tighter restrictions to slow the spread of the coronavirus (“COVID-19”), the Cybersecurity and Infrastructure Security Agency (“CISA”) has issued guidance on the identification of “essential critical infrastructure workers.” It is important to ensure continuity of functions that are critical to public health and safety, as well as economic
Sen. Sherrod Brown (D-Ohio), ranking member of the Senate Banking Committee, and Rep. Maxine Waters (D-Calif.), chair of the House Financial Services Committee, have called for a pause in rulemakings from federal regulators unless they are designed to help during the coronavirus (“COVID-19”) outbreak.
Sen. Brown wants focus placed on “providing reliable guidance and responding
The Securities and Exchange Commission has announced that, in light of the challenges associated with the coronavirus (“COVID-19”), and particularly the difficulty associated with submission of comment letters, it will not take formal action before April 24 on a number of different proposed rulemakings with comment periods otherwise set to expire in March. Of course,
2019 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Sanders is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments on consumer class actions, background screening, bankruptcy, consumer credit
Hospitals are becoming increasingly aggressive in attempts to collect on medical bills, with hospitals around the country initiating thousands of lawsuits against indebted patients. Debtors can actually find themselves in jail, whereas other patients can find themselves filing for bankruptcy due to an influx of medical bills.
In early February, the House Committee on Ways
Any company that uses telephony systems for outreach to consumers got important and potentially good news on January 27, 2020, when the Eleventh Circuit released its much-anticipated opinion in Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499. The court held that a phone system must use randomly or sequentially generated numbers to qualify
In early January, President Trump signed the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act into law, supporting bipartisan legislative efforts to curb robocalls. The Act gives the Federal Communications Commission greater enforcement authority against illegal robocallers. Specifically, under the new law, the FCC can now extend the statute of limitations by
The United States Supreme Court has agreed to consider a challenge to the constitutionality of the Telephone Consumer Protection Act (TCPA). On Friday, January 10, 2020, the Supreme Court issued orders from the justices’ conference, which included an order for oral argument in Barr v. American Association of Political Consultants – a case involving a
With the ever-changing case law surrounding the Telephone Consumer Protection Act, staying up to date with what cases are relevant and where courts stand on certain, very important definitions, can be an almost impossible task. Further, in the 28 years since the TCPA was enacted, the legislation has been considered outdated by many companies.
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