TCPA Tracker - January 2023

RECENT NEWS

FCC Clarifies Ability of Government Agencies and Their Contractors to Make Medicaid Calls

On January 23rd, the FCC released a Declaratory Ruling and Order confirming that federal and state governmental agencies, and certain third-parties, may, under certain circumstances, make autodialed and prerecorded or artificial voice calls or send autodialed text messages to raise awareness of the eligibility and enrollment requirements for Medicaid and other governmental health programs without violating the TCPA.

While the TCPA prohibits "any person" from making certain calls using an autodialer without prior express consent of the called party, the FCC has previously clarified that federal and state governments making calls in the conduct of official business do not fall within the meaning of "any person," and thus are not subject to the TCPA's prohibitions. However, third-parties and contractors calling on the government's behalf are "persons" that may