Cases in Point: What is the TRACED Act?


What is the TRACED Act?

What is the TRACED Act? In the most logistical terms, it’s the Telephone Robocall and Abuse Criminal Enforcement and Deterrence Act. It is a bipartisan bill that was proposed to help “deter criminal robocall violations and improve enforcement of section 227(b) of the Communications Act of 1934, and for other purposes.” Big thanks to TCPAland for their analysis!

But what is it really trying to accomplish, and what happens if it gets passed?
  • To sum it up, the TRACED Act “wants to encourage the FCC to broaden the TCPA again.”
  • Seeks to reduce the forfeiture penalty to $10k per violation (it is currently $16k)
  • Would require the DOJ and the FCC to meet with the CFPB, the Department of State, the Department of Homeland Security, the Department of Commerce and the FTC about whether there are currently any laws that interfere with the TCPA’s enforcement
  • Would require the FCC to implement regulations protecting telephone subscribers from receiving non-authenticated calls

Essentially, the end goal for the TRACED Act appears to be a more strictly enforced and more regulated TCPA. If you’re curious, TCPAland outlined the main changes in more depth (and with more authority) here.

 

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Small Business 101: Episode 47 – Should You Use Social Media Selling?


Should You Use Social Selling?

A popular technique in the sales industry is social media selling or social selling, but should you actually use social selling? In today’s episode, Alex and Spencer discuss social selling and how it fits in sales.
Watch and Keep Reading!

Debt Collection 101: Episode 66 – Happy Thanksgiving From Arbeit Software


Happy Thanksgiving from Arbeit Software!

In theme with the season, we’re talking about what we’re thankful for! Our amazing viewers of Debt Collection 101 are definitely near the top.

Leave a comment to let us know what you’re thankful for!

 

Looking for educational information? Check out these Debt Collection 101 episodes covering Debt Collection Legal Advice And Best Practices and Debt Collection Best Practices: Avoid The 3-Second Pause.

Sharing is caring! If you like what you see, don’t forget to like, share and subscribe to Arbeit U for the latest in collections and small business!

Cases in Point: Camayd v. United Auto Credit Corp.



Thanks to Marks v. Crunch Fitness, whenever we see a case that references an ATDS, we collectively freeze. Luckily, this case doesn’t even touch the legal definition of an ATDS. Instead, the perceived “loss” for this agency was due to a lack of evidentiary support when filing for summary judgment. Here’s what happened in Camayd v. United Auto Credit Corp.

  • After a lawsuit was filed in the Southern District of Florida, the Defendant’s Director of Servicing filed for summary judgment.
  • He based the argument on use of software that was a “human-initiated service and outbound dialing system.”
  • According to the Director of Servicing’s statement, the dialing system required that the agent “manually input phone numbers into a dialing system and click a button to launch the call.”
  • Courts routinely hold that these types of dialing systems are compliant, according to TCPAland.
  • This court, however, wasn’t going to let anything get past them. They were skeptical of the validity of the statement provided, as well as the authenticity of the statements made by the Director of Servicing, who did not work for the dialing platform.
  • Due to the unconvincing nature of the statement, the court was compelled to dissect other cases involving the dialing platform, some of which were found to be non-compliant.
  • Despite the fact that the dialing platform was, in many cases, found to be compliant, a lack of research and evidence led the case to be denied summary judgement.

It’s a harsh world out there. Remember that even if your software is compliant, you should take lawsuits seriously and address them comprehensively. We spoke with a lawyer about what to do when you get a lawsuit, and she shared exactly what the best progression is to take – click here for the interview.