April 5, 2020

April 05, 2020

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April 03, 2020

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Changes On The Horizon? Here Is The REDLINE You’ve Been Waiting For Tracking How The Stopping Bad Robocalls Act Would Change The TCPA

Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.”  The bills are 19 and 18 pages long, respectively, and can be a bit hard to follow unless you have a complete copy of the TCPA handy and an hour or two to burn.

That being said, instead of breaking down these bills in a summary, we decided to go ahead and mark up the current iteration of TCPA to easily illustrate how these bills would change it.  Note that the marked version of the TCPA linked in the PDF below is based solely on the changes proposed in Rep. Pallone’s bill only.  We took this approach because Rep. Pallone’s bill in the House includes a section entitled “Enforcement,” which includes new subsections, § 227(b)(5) and § 227(b)(6), and Senator Markey’s bill does not include those subsections.  Instead, Senator Markey’s bill re-labels the “Private right of action” section as § 227(b)(5).  Otherwise, the two bills are substantively the same.

TCPA with Rep. Pallone’s Proposed Changes

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About this Author

Shane Micheil, Womble Bond Dickinson Law Firm, Orange County, Finance and Communications Litigation Attorney

Shane focuses his practice on commercial and financial services litigation.  He is part of a nationally-recognized team with broad experience defending financial institutions in cases involving the Telephone Consumer Protection Act.  He also has significant experience in Fair Credit Reporting Act cases. 

Shane’s experience includes serving as lead defense attorney for more than 20 single-plaintiff FCRA lawsuits in state and federal courts in multiple states. He also represented a major credit reporting agency in mediation of an FCRA case in the...