FCC Provides TCPA Clarity; Democratic Commissioners Partially Dissent
FCC commissioners approved an order clarifying that contractors working for federal, state or local governments, as well as local governments themselves, must obtain consumer consent before making robocalls under the Telephone Consumer Protection Act. The FCC also clarified that “federal and state government callers, when acting in an official capacity, are not subject to the prior consent requirements of the TCPA.” Commissioner Mike O’Rielly concurred. Commissioners Jessica Rosenworcel and Geoffrey Starks approved in part and dissented in part.
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Rosenworcel objected to the finding that state authorities are beyond the reach of the TCPA. “Where the law is at all ambiguous, and even if it may be a close call, I think this agency should side with consumers and their cry to cut down the number of robocalls they receive,” she said.
“With regard to state authorities, we should have used that discretion here given the TCPA’s primary goal of protecting consumers from unwanted robocalls,” Starks said. O'Rielly didn't release a statement.
The order was approved last week and released Monday.