October 17, 2013

Jonathan Pompan comments on for-profit colleges and TCPA enforcement

2 min

In an October 16, 2013 article, The Chronicle for Higher Education quoted Venable partner Jonathan Pompan on for-profit colleges’ efforts to comply with the Federal Communications Commission's (FCC) recent enforcement of the Telephone Consumer Protection Act (TCPA). Now, telemarketers need prior express written consent to call prospective students, or else they endure a fine.

Addressing the wider spectrum of FCC compliance overall, Pompan said that Venable has helped dozens of colleges and other clients adjust their web sites and advertising and make internal changes to ensure compliance with the new regulations. “There's a strong incentive to comply with the rules because of the dual enforcement by both government and private litigants,” he explained.

The FCC’s decision comes more than a year after U.S. Senator Tom Harkin and the Senate Health, Education, Labor, and Pensions Committee issued a harsh report against the for-profit college industry. Some critics suggest that for-profit colleges have done little to change their marketing practices in the wake of the report. Disagreeing with this notion, Pompan asked “Is there really a high degree of complaints, and is there a lot of evidence out there" of recent transgressions?” Most of the scrutiny has been on past problems, he said. “Like anything, it takes some degree of perspective to see the changes that have taken place.”