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FCC Ruling on Debt Collectors and the TCPA

April 25, 2012

New FCC Rules for Debt Collectors
From a legislative standpoint, the last few months have been quite an active period in the collection industry. We have used our blog posts as a method of informing you of the government’s actions while also focusing on what it means to your business. Our coverage has focused in part on the government’s evolving interpretation of the Telephone Consumer Protection Act, and we have the latest FCC rules debt collectors ready to share.

The Federal Communications Commission (FCC) ruled recently that debt collectors must continue to obtain prior express consent to call a consumer’s wireless number when using an autodialer or prerecorded message. Without express consent, you could face fines, so ensure you have appropriately documented consent forms for phone number use.

Those in our industry consider this ruling to be a victory. Initially, this legislation proposed that FCC rules debt collectors required prior express written authorization to call a consumer’s wireless or residential number when utilizing an autodialer or prerecorded message for debt collection. Without question, this regulation would have only proven to complicate our efforts to reclaim the debts owed to our clients.

Obtain Permission at the Start
The bottom line of the ruling is that collectors must continue to comply with the Telephone Consumer Protection Act as we have before the ruling. With this FCC ruling and the new FCC rules for debt collectors, it has placed its policies in line with previous FTC rulings; assuring collectors the necessary tools for the near future.

It is VITAL that all creditors play a part in this by getting permission from their customers to contact them with the information provided by the consumer on any contracts or agreements that are made. That permission will help your business partners collect money in a compliant manner. If you need sample language, please contact us, and we will be happy to assist.

Affiliations Audits & Achievements

  • HFMA: Healthcare, financial, management, association
  • AAHAM: American Association of Healthcare Administrative Management
  • ACA International

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