Seeking changes in the TCPA: Potential for Consumer Harassment through phone calls?

The Telephone Consumer Protection Act (TCPA) is a law that regulates the use of communication through phone calls to consumers. It focuses on the subject of consumer protection through restricting communication, such as telemarketing, through the use of automated equipment. However, it has faced challenges in the form of some legal action.

Recently, the TCPA, together with a 2015 omnibus Declaratory Ruling and Order that interprets the TCPA issued by the Federal Communications Commission, have faced a lawsuit in the Eastern District of North Carolina and a full committee hearing before the Senate Commerce Committee.

The current petition by political complainants

A lawsuit has been filed that seeks to declare the TCPA statutes unauthorized. The plaintiffs are largely political and include nonprofit association among them. Read the entire case here .

Broadly, the complainants allege that:

  • The TCPA violates constitutional rights of political organizations by favoring commercial speech or limiting political speech
  • The TCPA does not provide adequate justification for limiting speech for some speakers
  • The speech of the complainants is similar to that allowed to others, exempted from the cell phone call ban

Our perspective

The complainants are asking for some relief measures that include a preliminary embargo or restriction on enforcement of the TCPA directives. Among the relief measures is also a request to be paid back the lawsuit charges in full, as incurred.

However, there are several areas that could do with a closer look, such as whether the relief requested by the complainants will satisfy their requirements in totality and whether it will then end at political calls alone. There is a fair likelihood that granting such relief to political communication may render the field open to other areas, probably raising harassment concerns.

According to Scott Bocchio, Esq., who is the principal lawyer at Legal Rights Advocates, PLLC “these calls are considered consumer harassment”.

Further, the remedies that the complainants seek also include rendering the TCPA inactive or outright unconstitutional. This, if cleared, would apply to phone communication of pretty much every type.

About Us:

Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are being harassed by debt collectors. Our team of attorneys over the years has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA and TCPA laws. Call us on (855) 254-7841 for immediate assistance to put an end to debt collection harassment.

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