Senate Commerce Committee Favorably Reports TRACED Act

This morning the U.S. Senate Committee on Commerce, Science and Transportation favorably reported the TRACED Act, S. 151. This action came after the bill picked up Committee Chairman Roger Wicker (R-MS) as a co-sponsor, along with two other Democratic Senators, Tom Udall of New Mexico and Jack Rosen of Nevada, in the days before the Committee’s Executive Session.

The Committee acted unanimously and approved a Thune Substitute which contained minor changes to the bill as originally introduced. (Click here to view the Thune Substitute.) Also included was an amendment by Congressman Jerry Moran (R-KN) which in effect incorporated his bill, S. 819, requiring an annual Federal Communications Commission (FCC) TCPA enforcement report. (Click here to view Congressman Jerry Moran’s amendment.)

No other amendments were acted on during the meeting, although in subsequent statements during the Session, Senators Blumenthal (D-CT) and Klobuchar (D-MN) mentioned that they had submitted proposed amendments to the Committee. Senator Blumenthal’s proposal related to a requirement that carriers offer free robocall blocking services. Senator Klobuchar mentioned a proposed amendment that would require the FCC to establish a task force on robocall issues. Senator Markey (D-MA), an original co-sponsor of the bill, also noted that he would be working on “clarifying the intent of the enforcement section.” He did not go beyond that comment. These proposals may be addressed as the bill now moves toward potential consideration by the full Senate.

When Senate Floor action on S. 151 might occur is uncertain. However with Senators Thune (R-SD) and Durbin (D-IL), who are each second ranking in the leadership of their respective parties, and broad bi-partisan support, such action seems highly likely.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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