FCC Sets Tight Boundaries For TCPA Government-Backed Loan Exception

As we previously reported, section 301(b) of the Bipartisan Budget Act of 2015 permits an exception to the Telephone Consumer Protection Act of 1991 for calls and text messages "made solely to collect a debt owed to or guaranteed by the United States." Although the TCPA generally prohibits calls and text messages using automatic telephone dialing systems ("ATDS") to wireless telephone numbers without the prior express consent of the called party, the 2015 bill amended the TCPA to allow such communications "made solely to collect a debt owed to or guaranteed by the United States."

In passing the Bipartisan Budget Act, Congress explicitly tasked the Federal Communications Commission with implementing the TCPA amendment by August 2016, which authorized the FCC "to restrict or limit the number and duration of calls" permitted under the new exception. On August 11, the FCC did just that, issuing an order limiting any such calls "made solely to collect a debt owed to or