TCPA Rulings and Orders
The Federal Communications Commission is the agency responsible for implementing the Telephone Consumer Protection Act (TCPA). In this role, the FCC may issue a Declaratory Ruling in response to a petition requesting clarification of an issue of regulatory uncertainty regarding application of the TCPA. The FCC may also engage in rulemaking efforts to seek public comment on TCPA-related proposals and/or questions. After considering comments and reply comments to a Notice of Proposed Rulemaking, the FCC may issue a Report & Order. Below is a list of TCPA rulings and orders relevant to the debt collection industry, as well as recent rulemaking efforts.
- Notice of Proposed Rulemaking and Notice of Inquiry, Robocall Blocking (March 23, 2017)
- 2016 Declaratory Ruling, Blackboard et al.
Ruling clarifying autodialed calls made by schools and utilities.
- 2016 Declaratory Ruling, Broadnet et al.
Ruling clarifying that the federal government and its contractors are not persons under Sec. 227(b)(1) of the TCPA.
- 2015 Omnibus Declaratory Ruling and Order
2015 TCPA Declaratory Ruling and Order (July 10, 2015)
- 2012 Report and Order (Feb. 15, 2012)
The 2012 TCPA Report and Order establishes that prior express consent for telemarketing calls must be in writing and meet certain content and display criteria. The Order makes clear that for informational calls, including debt collection calls, prior express consent can be either oral or in writing.