Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FTC staff raises concerns about FCC proposal to amend robocall regulations, (Jun 16, 2016)
Organizations Mentioned:Bureau of Consumer Protection | Federal Communications Commission
By Michael Menzhuber, J.D., LL.M.
The staff of the FTC’s Bureau of Consumer Protection urges caution with any expansion of permissible robocalling, in a June 6 comment provided to the Federal Communications Commission (FCC) regarding proposed amendments to its regulations that limit robocalls to consumers.
The staff comment, which was submitted in response to the FCC’s Notice of Proposed Rulemaking regarding the Telephone Consumer Protection Act of 1991, outlines the consumer protection concerns raised by these calls. The staff comment recommends that the FCC create standards for collecting government debt that are consistent with several related laws enforced by the FTC, including the Fair Debt Collection Practices Act (FDCPA).
The comment proposes that the FCC limit newly-permitted robocalls by only allowing such calls: (1) to those regarding debt’s in "default"; (2) to persons who actually owe the debts; (3) to collect government debt and no other type of debt; and (4) for collection purposes.
The staff comment also recommends:
reasonable data security practices be required regarding information obtained during calls and the use of the information be limited to collection purposes;
calling-time restrictions consistent with the FDCPA; and
callers be required to transmit caller ID information that includes a call number that connects a live person representing the collector.
News: ConsumerProtection FederalTradeCommissionNews