On December 14, 2020, the FCC released an Order on Reconsideration (“Order”), reconsidering a 2016 interpretation of the Telephone Consumer Protection Act, which allowed federal contractors to robocall consumers without prior express consent.  In the Order, the FCC ruled that government contractors, working for federal, state, and local governments, along with local governments must have consent before robocalling consumers.  The Order also affirms that Federal and state governments, when acting in an official capacity, are not subject to the prior consent requirements and that it does not supersede the FCC’s prior emergency calls exemptions.

 

Commissioners Rosenworcel and Starks both released statements approving in part and dissenting in part, arguing that state governments should have been included in the decision and be required to obtain express consent prior to robocalling as well.

 

The FCC also released a press release announcing the ruling.

 

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