July 20, 2023 — Article

Effective July 20, 2023, the FCC has placed strict new limits on the number of prerecorded collection calls that a debt collector can send to a consumer’s landline.  Importantly, consumers have powerful remedies for violations (statutory damages of $500 to $1500 per call), because the new FCC rule is promulgated under the Telephone Consumer Protection Act (TCPA). 

The July 20 rules place numerical limits on other kinds of prerecorded calls to residential lines as well, both commercial and non-commercial, including calls by non-profits, political calls, and Health Insurance Portability and Accountability Act (HIPPA)-related calls. Prerecorded telemarketing calls to residential lines continue to require prior express written consent for every call. This article focuses on the implications of the new rules for debt collection calls and how the new rules provide new consumer rights and remedies beyond those already available under the CFPB’s Regulation F on debt collection.

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