The TRACED Act is gaining momentum. Should we be panicking?

 

 Last Friday, the TRACED Act gained ten additional co-sponsors, making its passage more likely.

  • Historical data shows expansion of the TCPA will give consumer lawyers more incentive to file multi-million dollar suits against agencies who do their best to operate ethically, while doing little to stop the real “bad guys” aka actual scammers

  • For reference, there was a huge increase in robocalls after the FCC expanded the TCPA in 2015, so it seems expansion of the TCPA is not the answer

  • Another concern is that if nothing changes in the next few months, there will still be no clear cut definition of an autodialer, or a robocall for that matter, when this passess

  • As a reminder, here is what The TRACED Act calls for:

    • Broadening the FCC’s authority to levy civil penalties of up to $10,000 per call on callers who intentionally flout telemarketing restrictions

    • Extending the window for the FCC to catch and take civil enforcement action against intentional violations to three years after a robocall is placed instead of just one

    • Requiring a range of entities to identify and report to Congress on improving deterrence and criminal prosecution of robocall scams. (Department of Justice, FCC, Federal Trade Commission, Department of Commerce, Department of State, Department of Homeland Security, Consumer Financial Protection Bureau and “other relevant federal agencies, as well as state attorneys”)

    • Directing the FCC to initiate a rulemaking to help protect subscribers from receiving unwanted calls or texts

So, should we be collectively panicking? Not if you have reliable contact software to keep you shielded! Don't forget to check out our TCPA compliant outbound software, and be sure to get in touch with your lawyer for any logistical questions. For more helpful information, check out the links below:

https://tcpaland.com/tcpaland-disaster-in-the-making-new-bi-partisan-traced-act-hopes-to-put-the-tcpa-on-steroids-to-stop-robocalls-heres-why-thats-a-really-bad-idea/

https://www.natlawreview.com/article/tcpa-expansion-becomes-more-likely-traced-act-gaining-steam-groundswell-bipartisan