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On December 14, the Federal Communications Commission (FCC) ruled that federal and state contractors are “persons” subject to the terms of the Telephone Consumer Protection Act (TCPA). Citing privacy concerns, the order overturns 2016 FCC precedent, exempting government contractors from the TCPA’s restrictions. Now, government contractors must obtain permission from consumers before calling or texting them.
The decision, in
In the Matter of Broadnet Teleservices LLC Petition for Declaratory Ruling et al., No. 02-278 at the FCC, arose from consumer group petitions to reconsider the 2016 exemption. It marks the latest expansion of TCPA restrictions and sets the stage for the Supreme Court’s forthcoming decision in
Following the consequential
Broadnet Declaratory Ruling, NCLC and PSC each filed petitions seeking reconsideration. The NCLC Petition argued that, among other things, federal contractors are “persons” under the TCPA and that the
Broadnet Declaratory Ruling misinterpreted the Supreme Court’s holding in
Campbell-Ewald Co. v. Gomez on that point.
4 The PSC Petition took issue with the
Broadnet Declaratory Ruling to the extent that it required federal government contractors to meet an agency requirement to invoke TCPA immunity when making calls. Specifically, the PSC Petition asked the Commission to provide TCPA immunity to federal contractors “without regard for whether a common-law agency relationship exists” because “government contractors acting on behalf of the federal government and in accordance with the terms of a contract often are not considered agents of the government.”