Se Habla Español | Nou Pale Kreyòl

Federal Government Proposes Relaxing TCPA Rules For Government-Backed Loans

The Telephone Consumer Protection Act (TCPA) was passed in 1991 with the goal of protecting consumers from unwanted phone calls, faxes, and other forms of communication. Under the TCPA, debt collectors are prohibited from using auto-dialing or robo-calling systems to collect a debt. Additionally, creditors are not allowed to call before 8 a.m. or after 9 p.m., and consumers are allowed to request that they be put on the company’s Do Not Call list.

If a creditor, debt collector or advertiser violates the TCPA, consumers have a right to bring a claim against that entity and can win compensation in the amount of $500 to $1500 per violation.

Recently, Congress passed the Bipartisan Budget Act of 2015, and included clauses that would relax these protections for debts owed to the federal government. Under the act, calls and text messages are allowed when they are made solely to collect a debt owed to guaranteed by the United States.

In general, government-backed loans include things like student loans, small business loans, and some home loans. According to the Bipartisan Budget Act, people who owe money to the federal government may begin receiving automatic or robotic calls and text messages from the entities that service these loans.

To implement the act, the Federal Communications Commission has drafted regulations with will balance consumer protection issues with the government’s need to collect on its loans. According to proposed regulations, consumers that owe these types of loans will still be able to request that these calls stop. Additionally, the proposed rules would limit these types of calls to only those regarding delinquent debts and potential loan defaults. Finally, the FCC has suggested limiting the number of calls an individual can receive each month regarding these loans.

While these proposed regulations have yet to be approved, borrowers should be aware that they can expect to receive automated calls regarding government loans in the near future.

If you are concerned with calls from creditors about debts that you can’t pay, contact the Loan Lawyers today. Our attorneys can help you come up with a plan to tackle your debt, and may help you receive compensation for illegal or harassing debt collection attempts.

To schedule your free consultation, contact our office today by calling (844) FIGHT-13 (344-4813).

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
<div class="video-wrap"> <object type="application/x-shockwave-flash" data="/Shared/videovault/lt/player.swf" width="100%" height="100%" bgcolor="#000000" id="FlashSWF045327554480172694" name="FlashSWF045327554480172694" tabindex="0"><param name="allowfullscreen" value="true"><param name="allowscriptaccess" value="always"><param name="seamlesstabbing" value="true"><param name="wmode" value="opaque"><param name="flashvars" value="netstreambasepath=http%3A%2F%2Ffight13com.scorpionlocal.com%2FAdmin%2FLayout%2FTemplate.aspx%3FT%3D45313%26preview%3Dfalse%26edit%3Dfalse%26editlayout%3Dfalse%26pageid%3D5538965&id=FlashSWF045327554480172694&file=%2Fmedia%2FBeing_harrassed_by_debt_collectors.mp4&image=/media/vpics/Loan-Lawyers-TV-Commercial-Stop-the-foreclosure_20140918044522.png&skin=glow&levels=%5B%5BJSON%5D%5D%5B%7B%22bitrate%22%3A185%2C%22file%22%3A%22%2Fmedia%2F150%2FBeing_harrassed_by_debt_collectors.mp4%22%2C%22width%22%3A0%7D%2C%7B%22bitrate%22%3A236%2C%22file%22%3A%22%2Fmedia%2F400%2FBeing_harrassed_by_debt_collectors.mp4%22%2C%22width%22%3A0%7D%2C%7B%22bitrate%22%3A349%2C%22file%22%3A%22%2Fmedia%2FLoan-Lawyers-TV-Commercial-Stop-the-foreclosure.mp4%22%2C%22width%22%3A0%7D%5D&controlbar.position=over"></object> <a href="/Video-Center.aspx" class="videoBtn">More Videos</a> </div>