Telephone Solicitation

Today, the Federal Communications Commission adopted new rules that strengthen its restrictions on autodialed or prerecorded telemarketing calls.  The FCC billed the new rules as an effort to maintain consistency with the Federal Trade Commission’s telemarketing sales rule, which also governs telemarketing calls, and to give consumers control over the calls that they receive.

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As we previously discussed here, the House of Representatives is considering a bill to amend the Telephone Consumer Protection Act (“TCPA”). The bill, known as the Mobile Informational Call Act of 2011 (H.R. 3035), has bipartisan and industry support but also has drawn opposition from some consumer groups and state attorneys general.

Reps. Lee Terry (R-NE) and Ed Towns (D-NY) have introduced the Mobile Informational Call Act of 2011 (H.R. 3035).  H.R. 3035 would amend the Telephone Consumer Protection Act — which is administered and enforced by the Federal Communications Commission but also authorizes private rights of action —  to clarify the scope of limitations