FCC Issues NPRM On TCPA Exemption For U.S. Government Debt

In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the "Commission") has promulgated a notice of proposed rulemaking (NPRM) regarding the new exemption in the Telephone Consumer Protection Act (TCPA) for calls made "to collect a debt owed to or guaranteed by the United States."  47 U.S. Code § 227(b)(1)(A)(iii), (b)(1)(B). The proposed language of the rule would track the statutory language.  The FCC's analysis in the NPRM, however, suggests that the Commission intends to interpret this exception narrowly, and will impose significant restrictions on calls covered by these provisions. In particular:

• The FCC suggests that a call "solely to collect a debt" means "only those calls made to obtain payment after the borrower is delinquent on a payment."  (¶ 8).