The United States Senate today approved a two-year budget deal that amends
the Telephone Consumer Protection Act ("TCPA").
Specifically, the TCPA amendment will authorize the use of
automated telephone dialing systems ("ATDS") to call
cellular telephones (without consumer consent) for the purpose of
collecting debts owed to the United States government.
How will the TCPA be Amended?
Bipartisan Budget Agreement Amends TCPA ATDS Rules
The Bipartisan Budget Agreement expressly amends the TCPA's
prohibition on telephone calls made to cellular telephones using an
ATDS where "such call[s] [are] made solely to collect a debt
owed to or guaranteed by the United States" The language
appears to cover Federal Direct student loans, Perkins loans,
Federal Housing Administration loans and Veterans Administration
loans. Accordingly, consumers who have defaulted on such loans may
lawfully receive debt collection calls using an ATDS without the
requirement that debt collectors
