News & Analysis as of

Telephone Consumer Protection Act Federal Contractors

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
ArentFox Schiff

FCC Provides Some Clarity On Healthcare Messages, Indirectly Confirms No Requirement To Use Free-To-The-End-User Texts

ArentFox Schiff on

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human...more

Faegre Drinker Biddle & Reath LLP

February Regulatory and Legislative Update

This edition of the “Government Contracts Regulatory and Legislative Update” offers a summary of and insight into the relevant industry developments that occurred during the month of February....more

Ballard Spahr LLP

FCC reverses course on whether TCPA applies to federal government contractors

Ballard Spahr LLP on

In an Order on Reconsideration issued December 9, 2020, the Federal Communications Commission concluded that the TCPA applies to contractors working for the federal government. The Order reverses a 2016 Declaratory Ruling. ...more

Troutman Pepper

Government Contractors Are People Too: FCC Revises TCPA Definition of "Person"

Troutman Pepper on

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...more

Faegre Drinker Biddle & Reath LLP

FCC Reconsiders Government Contractors’ Classification as TCPA Non-“Persons”

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...more

Wiley Rein LLP

FCC Clarifies That Government Contractors Must Obtain Prior Express Consent Under the TCPA

Wiley Rein LLP on

On December 14, 2020, the Federal Communications Commission (FCC or Commission) released an Order on Reconsideration (Order) clarifying that federal, state, and local contractors must obtain prior express consent from...more

Faegre Drinker Biddle & Reath LLP

U.S. Financial Institutions Petition FCC to Exclude Their Informational Calls from TCPA Liability During the COVID-19 Pandemic

On March 30, 2020, the American Bankers Association (“ABA”) and several other associations of banks and credit unions (together, “petitioners”) effectively asked the FCC to exempt all COVID-related calls and texts to...more

Brownstein Hyatt Farber Schreck

The Fourth Circuit Strikes TCPA’s Government Debt Collection Exception

Late last month, we warned that pending litigation in the Fourth and Ninth Circuits seeking to have the Telephone Consumer Protection Act (“TCPA”) declared unconstitutional based on the statutory government debt collection...more

Hogan Lovells

Commerce Secretary Ross to FCC: Overbroad TCPA Rules Could Have a “Devastating” Impact on Federal Agencies and the 2020 Census

Hogan Lovells on

As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate...more

Jackson Lewis P.C.

2019: The Year Ahead For Employers

Jackson Lewis P.C. on

Labor and employment law saw a flurry of activity in 2018 as the Trump Administration’s deregulation and pro-business policies took effect across the country. State and local governments responded in a variety of ways to ...more

Kelley Drye & Warren LLP

TCPA FCC Petitions Tracker June 2018

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

Kelley Drye & Warren LLP

FCC Turns to ATDS, Other TCPA Issues Following D.C. Circuit Decision

On May 14, 2018, the FCC issued a Public Notice seeking comment on a number of issues regarding the proper interpretation of the Telephone Consumer Protection Act (TCPA) in light of the recent decision by the D.C. Circuit...more

Womble Bond Dickinson

Where to Next? ACA International Decision Prompts FCC Request for Comment on Interpretation and Implementation of the TCPA

Womble Bond Dickinson on

Comment Date: June 13, 2018 - Reply Comment Date: June 28, 2018 - As we told you in this week’s flash breaking news, less than a week after the D.C. Circuit Court of Appeals issued its mandate following the ACA Int’l...more

Mintz

Part I - TCPA: Regulatory - Calls By or on Behalf of the Federal Government

Mintz on

A number of organizations filed comments and/or reply comments regarding the National Consumer Law Center (“NCLC”)’s Petition for Reconsideration of the Broadnet Declaratory Ruling, which asks that the FCC reconsider its...more

Robinson+Cole Data Privacy + Security Insider

Federal government and their contractors immune from TCPA restrictions

Last week, on July 5, the Federal Communications Commission (FCC) released an opinion stating that robocalls made by the federal government (or its contractors) are exempt from the Telephone Consumer Protection Act (TCPA)....more

Kelley Drye & Warren LLP

FCC Issues Declaratory Ruling That the Federal Government and Contractors Acting Within Agency Scope Are Not Subject to the TCPA

On July 5, 2016, the FCC issued a Declaratory Ruling in which it determined that the Telephone Consumer Protection Act (TCPA) “does not apply to calls made by or on behalf of the federal government in the conduct of official...more

Dorsey & Whitney LLP

Do as We Say, Not as We Do: Government Agency (Deliciously) Exempts Itself—and the Rest of the Government—From the TCPA

Dorsey & Whitney LLP on

Happy Independence Day! While you were off barbecuing and lighting fireworks this weekend the FCC’s staff was feverishly working to give Uncle Sam a birthday present—free reign to robocall your cell phone! That’s right,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How Not to Moot a Case: Supreme Court Rules Case Remains Live After Unaccepted Offer of Settlement

On January 20, 2016, the Supreme Court of the United States decided another case in a line of cases addressing the issue of class action mootness. Specifically, the justices ruled that an unaccepted settlement offer or offer...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Campbell-Ewald Co. v. Gomez

On January 20, 2016, the Supreme Court decided Campbell-Ewald Co. v. Gomez, holding that an unaccepted offer to satisfy a named plaintiff’s individual claim does not render a case moot. The Court also held that sovereign...more

Eversheds Sutherland (US) LLP

Money for Nothing: Offer of Complete Relief to Named Plaintiff Does Not Moot Class Action, Supreme Court Holds in 6-3 Decision

An unaccepted Rule 68 offer of judgment that would fully satisfy a named plaintiff’s individual claim does not moot individual or class claims opined the U.S. Supreme Court, resolving a split in the circuits. Campbell-Ewald...more

Eversheds Sutherland (US) LLP

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

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