On September 22, 2011, the Mobile Informational Call Act of 2011 (Act) was introduced in the United States House of Representatives as HR 3035. The Act would make significant changes to the Telephone Consumer Protection Act (TCPA), which currently prohibits using an “automatic telephone dialing system” (ATDS) to call a cellular telephone number without the call recipient’s prior express consent. Specific changes to the TCPA would include the following:

1) The definition of ATDS would be narrowed to exclude equipment, such as predictive dialers, that are not used to randomly or sequentially dial telephone numbers.

2) A definition of “prior express consent” would be added. The definition would follow current FCC guidance that a person provides “prior express consent” to be contacted on their cellular telephone if they provide such number as a means of contact.

3) An exemption would be added for non-solicitation calls made to cellular telephones.

This e-alert is provided for informational purposes only and should not be construed as legal advice. Please consult an attorney for legal advice.