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Technology Acts Paper

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Information Technology Acts Paper

Jamie Smith

BIS / 220

April 14, 2014

John Maloney

Information Technology Acts Paper

Since the dawn of computer based technology, ever evolving laws, legislation, and acts are created for the protection of the public as more and more security risks are identified. As technology grows, so do the potential abuses of the availability of data, personal information, has required law makers to address the issues and enact penalties that are associated with those abuses. Among many of the legislative acts passed due to the advancement of technology, the two acts that will be described help protect the consumer, the creditors, the government, and the public in general. The Telephone Consumer Protection Act, (TCPA), 1991 was created due to the advancement of telephone technology and the data available made cause for concern for the interests of the public. Another concern for abuse necessitating the need for legislation was the Fair Credit Reporting Act (FCRA), 1970. The FCRA was put in place to protect the accuracy and fairness of creditor reporting to the major credit bureaus. Information technology advances and the uses and abuses of them, necessitated the TCPA, 1991 and FCRA, 1978 acts as well as the amendments since inception due to further technological advances.

The Telephone Consumer Protection Act of 1991 was enacted to require the Federal Communications Commission, (FCC), to regulate any unsolicited calls to any residences and regulate what is known as “telemarketing”, (Bowers, 1993). Telemarketing as described by Bowers (1993), is the “use of automated telephone dialing systems, prerecorded or artificial voice messages, and telephone facsimile machines.” (Bowers, 1993, para. 2). The idea was to ensure residential phones, cell phones, facsimiles, and any telephonic device did not receive unwanted solicitations without consent, (Bowers, 1993). The reason this law was enacted was that telemarketing companies were annoying their targeted audience and seemingly went unregulated, (Bowers, 1993). Bowers,(1993), went on to describe the law as,

“Regulations of the law also prohibit transmissions to emergency telephone lines and cellular services, excluding facsimiles, and sending an unsolicited advertisement without prior consent of the party called. Marketing and opinion research calls were specifically excluded from these regulations, by definition, and in committee reports and interpretations of the law's language. In following through on this law's directive, the FCC issued a Report and Order in October 1992 establishing rules for implementation of The Telephone Consumer Protection Act,” (Bowers, 1993, para. 1).

This law protected the ever growing technology of telephonic communication from being abused by marketing and governed when, whom, how, and times they may call, (Bowers, 1993).

The Fair Credit Reporting Act, 1970 (FCRA) was originally enacted according to Duncan (2003), the consumer driven market for credit was an exploding and profitable enterprise and therefore; called for a single source to judge creditworthiness, (Duncan, 2003). As the technology enhanced credit products stemming into collateralized loans and unsecured lines of credit, the law was amended in 1996. According to Duncan, (2003), The amendments were meant for,

“including considerations such as the rise of credit scoring and the need for standards in credit information. Next, we will present a brief summary of the FCRA, including the characteristics of a full-file data system. Then we will outline the research approach of the Information Policy Institute as it developed models and analysis techniques to evaluate the impact of changes to the existing conditions of the FCRA. The empirical results of the research are summarized in this article but the full results are available in the report issued by the National Chamber Foundation of the U.S. Chamber of Commerce,” (Duncan, 2003, para.5 ).

Since technology has advanced so large and so quickly in the United States and internationally, That constant regulatory acts ad amendments of these acts must be reviewed and renewed on a consistent basis, to protect the consumer, creditors, the government, and the public in general. It’s a wonder that congress gets anything done!

References

Bowers, D. K. (1993, Spring). The telephone consumer protection act. Marketing Research, 5(2), 44. Retrieved from http://search.proquest.com.ezproxy.apollolibrary.com/docview/202674177?accountid=458

Duncan, J. W. (2003, July). Congress faces critical decision about consumer credit legislation (the fair credit reporting act of 1970 and 1996). Business Economics, 38(3), 62-71. Retrieved from http://search.proquest.com.ezproxy.apollolibrary.com/docview/862562707

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