AFSA Continues to Push for TCPA Modernization

On June 6, AFSA sent a letter to the Federal Communications Commission (FCC) reiterating its request that the FCC modernize the regulations implementing the Telephone Consumer Protection Act (TCPA). 

AFSA wrote, “Technical advances have morphed the TCPA from providing beneficial consumer and privacy protections into a restrictive web, entangling businesses when they seek to serve their customers, schools when they need to contact parents, medical providers in communicating with patients, and politicians when they try to reach their constituents.”

In the letter, AFSA emphasized that the TCPA needs to be updated in general to reflect the changes in technology and demographics since the law’s enactment in 1991. Specifically, AFSA requested that the FCC grant businesses the same exemption for debt collection calls that it is proposing to grants to those collecting a debt owed to or guaranteed by the United States. 

The FCC is proposing these changes as a result of the Bipartisan Budget Act of 2015, which exempts from the TCPA’s consent requirement auto-dialed calls that are made solely to collect a debt owed to or guaranteed by the United States. In the proposed rules implementing the Budget Act, the FCC does not adequately provide the means by which to insulate legitimate business calls made in good faith and not for a prohibited purpose, from liability for violating the TCPA.