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FCC Reconsiders Government Contractors' Classification as TCPA Non-"Persons" | Faegre Drinker Biddle & Reath LLP - Vimarsana News

FCC Reconsiders Government Contractors' Classification as TCPA Non-"Persons" | Faegre Drinker Biddle & Reath LLP

To embed, copy and paste the code into your website or blog: The FCC in 2016 determined that the federal government was not a “person” subject to the TCPA, and that by extension, federal contractors working within the scope of their delegated authority were also not bound by TCPA restrictions.  This Broadnet Declaratory Ruling was the subject of at least one prominent dissent.  At the time, then-Commissioner Ajit Pai observed:  “[I]t is odd to suggest that a contractor’s status as a ‘person’ could switch on or off depending on one’s behavior or relationship with the federal g...

FCC & TCPA: Government Contractors Classified as Non-Persons - Vimarsana News

FCC & TCPA: Government Contractors Classified as Non-Persons

Wednesday, December 16, 2020 The FCC in 2016 determined that the federal government was not a “person” subject to the TCPA, and that by extension, federal contractors working within the scope of their delegated authority were also not bound by TCPA restrictions.  This Broadnet Declaratory Ruling was the subject of at least one prominent dissent.  At the time, then-Commissioner Ajit Pai observed:  “[I]t is odd to suggest that a contractor’s status as a ‘person’ could switch on or off depending on one’s behavior or relationship with the federal government.”  The ...

FCC Clarifies That Government Contractors Must Obtain Prior Express Consent Under the TCPA | Wiley Rein LLP - Vimarsana News

FCC Clarifies That Government Contractors Must Obtain Prior Express Consent Under the TCPA | Wiley Rein LLP

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 ...

FCC Issues Order on Prior Express Consent for Government Contra... - Vimarsana News

FCC Issues Order on Prior Express Consent for Government Contra...

The order provides clarification on entities subject to the TCPA. 12/15/2020 8:30 AM  FCCNewsTCPAAdvocacy The Federal Communications Commission issued an order on reconsideration Monday ruling that government contractors must have prior express consent before they contact consumers, according to a news release from the FCC. The order stems from reconsideration of the Broadnet Declaratory Ruling and reverses the FCC’s previous order to the extent that it provided that a federal contractor making calls on behalf of the government was not a “person” subject to the restrictions in section ...