This is a single-family/residential course.
Over the years, Congress has enacted a number of laws that regulate how businesses can communicate with consumers. The Communication Laws course reviews various laws that impact how businesses can communicate with consumers using various types of technology.
The course begins with a look at two laws that govern telephone communication. The Telephone Consumer Protection Act (TCPA) restricts calls that use an autodialer or contain a pre-recorded message except when an exemption applies. TCPA sets "consent requirements" for various types of contact with a consumer, depending on the purpose of the contact and the type of contact. The Telephone and Consumer Fraud Abuse and Prevention Act (TCFAPA) was designed to protect consumers from deceptive or abusive telemarketing acts and practices. This law is implemented by the Telemarketing Sales Rule, which ultimately led to the creation of the national "Do Not Call (DNC) Registry." The two laws are complex and overlap in certain areas. Regulations under both TCPA and TCFAPA enforce the DNC Registry.
The course then explores two laws that govern electronic communication. The Uniform Electronic Transactions Act (UETA) is designed to ensure that transactions in the electronic marketplace are as enforceable as paper transactions. The Electronic Signatures in Global an National Commerce Act (ESIGN) gives electronic signatures the same legal validity as ink signatures. Together, these laws establish electronic signature legality for digital contracts and set the stage for eMortgages.
Note: The Fair Debt Collection Practices Act (FDCPA) also affects how and when people can communicate with consumers by telephone. However, FDCPA is relevant only to communication with delinquent borrowers and is outside the scope of this course.
- Telephone Consumer Protection Act (TCPA)
- Telemarketing and Consumer Fraud and Abuse Protection Act (TCFAPA)
- Uniform Electronic Transactions Act (UETA) and Electronic Signatures in Global and National Commerce Act (ESIGN)
Seat time approximately one (1) hour.