Regulating Robocalls and Modern Debt Practices--Examining Governmental Responses and Their First Amendment Implications

Authors

Rachel Harrison

Abstract

This Comment will provide background information on the steps that Congress and federal agencies have taken to try to solve the issues surrounding robocalls and fair debt collection practices, specifically examining the Fair Debt Collection Practices Act (FDCPA), the Federal Communication Commission’s declaratory rulings on call blocking, the Consumer Financial Protection Bureau’s notice of proposed rulemaking, the Telephone Consumer Protection Act (TCPA), and the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). This Comment will examine the provisions and shortcomings of these statutes and regulations. Two notable shortcomings include the FCC employing over-broad standards to detect fraudulent calls and pre-emptively blocking those calls from reaching consumers, as well as the Fair Debt Collection Practices Act allowing consumers to cease all communications with debt collectors.

Recommended Citation

Rachel Harrison, Regulating Robocalls and Modern Debt Practices--Examining Governmental Responses and Their First Amendment Implications, 7 Emory Corp. Governance & Accountability Rev. 67 (2020).
Available at: https://scholarlycommons.law.emory.edu/ecgar/vol7/iss1/3