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ARTICLE · 03 DECEMBER 2015

Senate Democrats Look To Roll Back Recent TCPA Exception

As we previously reported, the Bipartisan Budget Act of 2015, which was passed by Congress and signed by President Obama on November 2, amended the Telephone Consumer Protection Act of 1991.

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As we previously reported, the Bipartisan Budget Act of 2015, which was passed by Congress and signed by President Obama on November 2, amended the Telephone Consumer Protection Act of 1991.  The TCPA limits the usage of automatic telephone dialing systems and artificial/prerecorded messages.  The recent modification allowed an exception to TCPA restrictions for calls and text messages "made solely to collect a debt owed to or guaranteed by the United States."  This modification is scheduled to take effect within nine months of the bill's enactment following guidance from the Federal Communications Commission.

Two days later, on November 4, Sen. Edward Markey (D-Mass.), along with ten co-sponsors, introduced Senate Bill 2235, the Help Americans Never Get Unwanted Phone calls Act of 2015—or HANGUP Act for short.  The legislation would repeal section 301(b) of the recent budget deal's TCPA exception for government-backed debt.  Given the current composition of

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