Page Title Image

Federal Government Debt Collection Rulemaking

On May 6, 2016, the FCC released a notice of proposed rulemaking to implement a provision in the Bipartisan Budget Act of 2015 that allows autodialed calls “made solely to collect a debt owed to or guaranteed by the United States” from the Telephone Consumer Protection Act’s prior express consent requirement. On Aug. 11, 2016, the FCC released final rules to establish limitations on the exemption, including who can make covered calls, the number of calls that can be made, and to whom the calls may be made, among other things.  Below is a list of materials related to the federal government debt collection rulemaking effort, including comments filed by ACA.

Final Rule and Related Materials

Federal Register Notice, Final Rule on Federal Government Debt Collection Calls (Nov. 16, 2016)
Text of the Final Rule on Federal Government Debt Collection Calls as published in the Federal Register on Nov. 16, 2016.

TCPA Report and Order on Federal Government Debt Collection Calls (Aug. 11, 2016)
Contains final rules implementing Section 301 of the Bipartisan Budget Act of 2015 which exempts federal government debt collection calls from the TCPA's prior express consent requirements.

Petition for Reconsideration of Final Rule on Federal Government Debt Collection Calls (Dec. 16, 2016)
Petition for Reconsideration of final rule on government debt collection calls under the TCPA filed jointly by student loan servicers.

Federal Register Notice, Petition for Reconsideration of Final Rule on Federal Government Debt Collection Calls (Jan. 17, 2017)
Notice of Petition for Reconsideration filed jointly by student loan servicers establishing deadlines for oppositions (Feb. 1, 2017) and replies to oppositions (Feb. 13, 2017).

 

Proposed Rule and Related Materials

Notice of Proposed Rulemaking on Federal Government Debt Collection Calls (May 6, 2016)
Comment period closed on June 21, 2016.

ACA Comments - Federal Government Debt Collection Exemption NPRM (June 6, 2016)
ACA submitted comprehensive comments in response to the FCC's Federal Government Debt Collection Rulemaking on June 6, 2016.

Letter from Chairman Wheeler to Congress (July 11, 2016)
Letter in response to members of Congress related to the government debt collection call rulemaking under the TCPA.