Rules implementing the Telephone Consumer Protection Act (TPCA) prohibit informational calls made using auto-dialers to consumers’ cell phones without the consumer’s express prior consent. This is a restriction originally aimed at telemarketers that has since been broadened to include virtually all auto-dialed calls. The net impact of this outdated ruling is that hundreds of thousands of student loan borrowers will either default, or languish in default, each year simply because modern technology cannot be used to enhance communication. Efforts by NCHER and other stakeholders to modernize the TCPA can be found in this section.
|The Juggernaut of TCPA Litigation (10/2013)|| |
The Juggernaut of TCPA Litigation: The Problems with Uncapped Statutory Damages was released at the October, 2013 U.S. Chamber Institute for Legal Reform summit. The paper was authored by Becca J. Wahlquist, a partner with the law firm Manatt, Phelps & Phillips, LLP.