A copy of the new legislation can be found here.   ACA International, the association of credit and collection professionals, issued the following press release regarding the legislation:

 

ACA International, the association of credit and collection professionals, proudly supports today’s introduction of the Mobile Informational Call Act of 2011, and the leadership of its authors, Congressmen Lee Terry (R-NE), Edolphus Towns (D-NY), John Shimkus (R-IL) and Jim Matheson (D-UT).   “Modernization of the Telephone Consumer Protection Act (TCPA) is among the top priorities for ACA members,” said ACA International Chief Executive Officer Patrick J. Morris. “Given the explosive growth in consumer reliance on mobile devices as a preferred means for communication, this legislation will enact limited, common-sense revisions to facilitate the delivery of time-sensitive consumer information, while continuing to protect wireless consumers from unwanted telemarketing calls.” In supporting the Mobile Informational Call Act of 2011, ACA joins a broad coalition of industries that rely on assistive technologies to convey timely and important information to notify consumers about threats such as data breaches and fraud alerts; provide timely notice of flight and service appointment cancellations and drug recalls; and protect consumers against the adverse consequences of failure to make timely payments on an account.  In addition to ACA, coalition partners include:

• American Bankers Association

•U.S. Chamber of Commerce

•Community Bankers Association

•Air Transport Association

•Student Loan Servicing Alliance Private Loan Committee

•National Council of Higher Education Loan Programs

•National Association of College and University Business Officers (NACUBO)

•Education Finance Council

•Mortgage Bankers Association

•Edison Electric Institute

•Housing Policy Council

•Financial Services Roundtable

 

The Mobile Informational Call Act of 2011 will modernize the TCPA by exempting informational calls to wireless phones from auto-dialer restrictions; clarify the “prior express consent” requirement; and continue the prohibition against the use of assistive technologies to call wireless numbers for telemarketing purposes.   “A strong consumer-protection environment depends on appropriate communication between businesses and their customers,” said ACA International Director of Federal Government Affairs Adam Peterman. “This landmark legislation will update TCPA’s outdated restrictions, while preserving its original intent to protect wireless consumers from unwanted telemarketing calls.”   ACA International is the comprehensive, knowledge-based resource for success in the credit and collection industry.  Founded in 1939, ACA brings together more than 5,000 members in the United States and abroad, and their more than 150,000 employees, including third-party collection agencies, asset buyers, attorneys, creditors and vendor affiliates.  ACA establishes a wide variety of products, services and publications.  For more information on ACA International, visit www.acainternational.org 

 

Source:  http://www.acainternational.org/news-legislation-to-modernize-the-tcpa-introduced-in-the-us-house-21154.aspx

 

 

If the legislation does not pass, the White House plans to exempt the government from the TCPA regulation of calls to cellular telephone — leaving private industry the subject of continued regulation.  See p. 28 of the White House Report: 

 http://www.whitehouse.gov/sites/default/files/omb/budget/fy2012/assets/jointcommitteereport.pdf