4th Circuit Ruling Reinforces Need for TCPA Clarity, Student Loan Servicers Tell FCC
The FCC Broadnet order says government contractors aren't “persons” under the Telephone Consumer Protection Act, and any other read could mean Census not being fully deployed and hurting student loan debt servicers ensuring borrowers don't default, the servicers said in…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
an FCC docket 18-152 posting Tuesday. The letter echoed concerns from Commerce Secretary Wilbur Ross (see 1904090005). The Student Loan Servicing Alliance, Navient Solutions, Nelnet Servicing and Pennsylvania Higher Education Assistance Agency said the 4th U.S. Circuit Court of Appeals decision last week in American Association of Political Consultants v. FCC "heightens the urgency" to preserve the 2016 Broadnet order. The court reversed a lower court decision and sided with the plaintiffs that the TCPA's debt-collection exemption contravenes the First Amendment's free speech clause, severing that flawed exemption from the law's ban on calls to cellphones by use of an automated dialing system or artificial or prerecorded voice. The appellant plaintiffs had sought to have the entire ban thrown out on constitutional grounds. Deciding were Judges Robert King, Barbara Milano Keenan and Marvin Quattlebaum, with King penning the decision.