Federal Agency Issues TCPA Rule May 12, 2016 AFSA Staff On Friday May 6, the Federal Communications Commission (FCC) released a notice of proposed rulemaking on the use of modern dialing technologies when contacting consumers via cell phone about debts owed to or guaranteed by the government – such as student loans, mortgages and taxes. The proposal would limit the frequency of the calls to three per month and also limit the duration of the calls. In the proposed rule, the FCC broadly seeks comments on several proposals including which calls are covered by the phrase “solely to collect a debt,” the inclusion of servicing calls, and allowing consumers to stop calls anytime. The FCC also posed several questions in the proposal. Should the FCC place any limits on a covered caller using or transferring information obtained during covered calls in order to collect other debts or to address other matters? How should the Supreme Court’s decision in Campbell-Ewald Co. v. Gomez inform the FCC’s implementation of the Budget Act amendments to the TCPA? Should the FCC encourage debtors hearing from a live agent to discuss a debt and potential servicing options? If so, how? How should covered calls be harmonized with other laws and rules that more generally govern debt collection? Comments on the proposed rule are due June 6 and reply comments are due June 21. AFSA will submit a comment letter.