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FCC Made Right Call in TCPA Ruling on Federal Contractors, Commerce Secretary Says

The FCC should stick with its July 2016 clarification the Telephone Consumer Protection Act doesn't apply to calls made by or on behalf of the federal government as part of official business, except for calls made by contractors that don’t…

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comply with government instructions, Commerce Secretary Wilbur Ross wrote FCC Chairman Ajit Pai. Pai partially dissented to that ruling and Commissioners Mike O’Rielly and Jessica Rosenworcel also expressed concerns (see 1607060013). The 2016 ruling addressed petitions seeking clarification by Broadnet, the National Employment Network Association and RTI International. “Any reversal of this decision would adversely affect Federal agencies' ability to perform their critical missions and, in particular, will increase the cost of business to the Government and taxpayers, and could impair the Census Bureau's ability to reach every person as part of the upcoming 2020 Census as is constitutionally required,” Ross said in a letter posted Monday in docket 18-152. “Supreme Court precedent clearly stands for the proposition that Federal contractors are immune from TCPA liability when they comply with the Government's instructions.”