Author Topic: Senator Schumer aims to crack down on robocalls  (Read 37 times)

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rebuilder2006

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Senator Schumer aims to crack down on robocalls
« on: Today at 08:47:11 PM »
Sen. Charles Schumer wants violators of a ban on robocalls to face stiffer penalties, including potential jail time.

The New York Democrat has rolled out legislation that would subject telemarketing companies or individuals that use robocalls without getting prior written consent with up to a $20,000 fine per violation, up to 10 years in jail or both.
 
Currently, telemarketers who violate the national Do Not Call list face a potential fine of $1,500 per call.
 
Schumer's bill, known as the Quell Unnecessary, Intentional, and Encroaching Telephone Calls or QUIET Act, would offer a few loopholes, including not requiring consent for emergency calls or those made on behalf of non-profits.
 
The Federal Communications Commission voted in June to crack down on robocalls.
 
Under the agency's new rules, companies can't robocall numbers that have been reassigned, and phone companies must provide consumers with call-blocking services.
 
Schumer's legislation follows lawmakers piling on criticism of robocalls during a congressional hearing last month. Sen. Claire McCaskill (D-Mo.) has also introduced legislation that would allow the federal government to increase fines against robocallers. 

http://thehill.com/blogs/floor-action/senate/246931-schumer-aims-to-crackdown-on-robocalls

kevinmanheim

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Re: Senator Schumer aims to crack down on robocalls
« Reply #1 on: Today at 10:24:58 PM »
There is no way the $20,000 per violation would carry with it a private right of action.

Selective enforcement would be the norm. Citi could call anyone as often as they like, and the guy who runs Rachael from Card Services would be subject to $20,000 + 500,000,000,000 calls.

Glapion Law

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Re: Senator Schumer aims to crack down on robocalls
« Reply #2 on: Today at 10:27:26 PM »
There is no way the $20,000 per violation would carry with it a private right of action.

Selective enforcement would be the norm. Citi could call anyone as often as they like, and the guy who runs Rachael from Card Services would be subject to $20,000 + 500,000,000,000 calls.

Looking at the bill, it would not.

Prison penalties are overly steep and unnecessary. Yes, it would lock up some bad actors, but does anyone really think Kohl's execs need to be in jail for the telemarketing robocalls they just got sued for?
Attorney representing consumers under the TCPA, FDCPA, FCRA, and consumer fraud acts. Individually and in class actions.

Posts do not constitute legal advice.

kevinmanheim

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Re: Senator Schumer aims to crack down on robocalls
« Reply #3 on: Today at 10:30:46 PM »
but does anyone really think Kohl's execs need to be in jail for the telemarketing robocalls they just got sued for?
Not Kohl's execs, but certainly the management at the big OCs who make a decision to call consumers a dozen times a day, often asking the same questions over and over.

9:00am -- Can you make a payment?
10:03am -- Hi. Can you make a payment today?
11:39am -- We've been trying to get in touch with you to see when you can make a payment.
12:43pm -- I'm calling to make payment arrangements on your account.

The OC's attorneys are too powerful, and know how to wear down TCPA opponents to the point that TCPA claim damages are minimal -- and just the cost of doing business.

Until someone is held personally accountable for intentionally using robodialers to harass consumers, it will go on and on.

Glapion Law

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Re: Senator Schumer aims to crack down on robocalls
« Reply #4 on: Today at 10:31:56 PM »
Not Kohl's execs, but certainly the management at the big OCs who make a decision to call consumers a dozen times a day, often asking the same questions over and over.

9:00am -- Can you make a payment?
10:03am -- Hi. Can you make a payment today?
11:39am -- We've been trying to get in touch with you to see when you can make a payment.
12:43pm -- I'm calling to make payment arrangements on your account.

But when a law is so sweeping that it would apply to the Kohl's execs just as it would the <Reemved> abusive debt collectors, it's a bad law.

It needs to be much more narrowly tailored.


Admin Note:  Inappropriate abbreviation removed.
« Last Edit: Today at 10:50:55 PM by Admin0248 »
Attorney representing consumers under the TCPA, FDCPA, FCRA, and consumer fraud acts. Individually and in class actions.

Posts do not constitute legal advice.