FCC’s New TCPA Exemption Rules For U.S. Government Debts and Other Recent TCPA Developments: What You Need to Know
2016 was another year with significant developments for the Telephone Consumer Protection Act (TCPA). Recent regulatory updates and declaratory rulings were made that will have a significant impact to the Federal Government and contractors working on its behalf.
One of the most significant updates last year was the Federal Communications Commission's (FCC) implementation of an amendment to the TCPA that exempted robocalls “made solely to collect a debt owed to or guaranteed by the United States.” The new rules highlight three main amendments such as who can make covered calls, the number, duration and timing of calls, and to whom calls may be addressed.
The new rules and other developments last year are expected to take effect and be completely felt in 2017. As a result, companies contacting consumers regarding government-back debts or otherwise engaging consumers on behalf of the federal government have more options at their disposal, provided that they stay within the boundaries established by the FCC.
The Knowledge Group is producing a LIVE Webcast: FCC’s New TCPA Exemption Rules for U.S. Government Debts and Other Recent TCPA Developments: What You Need to Know to help companies better understand their compliance obligations under this important law. This interactive course will provide crucial information regarding the latest and most significant developments surrounding these rule changes. Speakers will also offer significant insights and 2017 outlook on possible issues that might arise in the light of these developments.
Key topics include:
- Overview of the Bipartisan Budget Act of 2015
- FCC's Final Rules on Federal Government Debt Collection Calls
- What calls are covered?
- Who can make covered calls?
- To whom may calls be addressed?
- What is the correct number, duration and timing of calls?
- Recent Declaratory Rulings
- Other TCPA Developments
- 2017 TCPA Outlook
Kristi Thornton, Associate Division Chief, Consumer Policy Division, Consumer and Governmental Affairs Bureau
Federal Communications Commission
- In the Bipartisan Budget Act of 2015, Congress amended the 1991 Act
- Now calls “to collect a debt” owed to the federal government no longer need your consent
- The amendment authorized the Commission to adopt rules to restrict or limit the number and duration of robocalls to wireless numbers pursuant to this exception.
- FCC created rules placing limits on these calls
Adam D. Bowser, Attorney
Arent Fox LLP
- The scope of derivative sovereign immunity and other defenses government contractors can avail themselves of;
- The scope of prior express consent and recent developments on this issue; and
- The outlook for 2017 as the FCC transitions to a Republican majority.
J. Jonathan Hawk, Attorney
White & Case LLP
- The Supreme Court’s clarification of Article III standing requirements in Spokeo, Inc. v. Robins
- How the concrete injury requirement has been asserted post-Spokeo in TCPA cases to argue plaintiffs lack Article III standing
- Varying treatments by district courts of the concrete injury requirement in TCPA cases post-Spokeo
Who Should Attend:
- TCPA Compliant Companies
- In-House Counsels
- Compliance and Ethics Managers
- Compliance Managers and Officers
- Compliance Professionals
- Media and Telecommunication Attorneys
- Private Companies
- Telecommunication Companies
- Telemarketing Companies
- Other Related Companies and Individuals
Kristi L. Thornton specializes in the Telephone Consumer Protection Act (TCPA) at the Federal Communications Commission, where she is the Associate Division Director in the Consumer Policy Division of the Consumer and Governmental Affairs Bureau. She was the drafting attorney for the 2016 TCPA Report and Order, in which the Commission instituted rules for federal debt collection robocalls pursuant to the Bipartisan Budget Act of 2015. She was also the lead drafting attorney for the 2015 TCPA Declaratory Ruling and Order, which resolved 21 separate requests for clarification. Prior to joining the Commission, Ms. Thornton clerked for the Hon. Robert N. Davis at the U.S. Court of Appeals for Veterans Claims.
Kristi L. Thornton specializes in the Telephone Consumer Protection Act (TCPA) at the Federal Communications Commission, where she is the …
Adam Bowser is an associate in the Communications, Technology and Mobile group. His practice focuses on complex litigation in federal and state courts, including class action trials and appeals, as well as related advocacy before administrative agencies in rulemaking and enforcement proceedings. Adam has been recognized as a Washington, DC Super Lawyers “Rising Star” in Communications Law every year since 2014 and he has recently won several notable victories for clients brought into class-action litigation arising out of consumer-protection and privacy laws, particularly the Telephone Consumer Protection Act (TCPA). As part of his deep expertise in consumer protection laws, Adam regularly advises clients across industries on privacy compliance and risk mitigation strategies.
Adam Bowser is an associate in the Communications, Technology and Mobile group. His practice focuses on complex litigation in federal …
Jon Hawk is in White & Case’s Commercial Litigation Practice. He represents clients involved in high-stakes litigation and also serves in an advisory role, providing compliance and regulatory counsel in non-contentious matters. Jon represents clients from a wide range of industries, including technology, social media, telecommunications, manufacturing and retail.
His litigation practice focuses on a broad range of complex business disputes, including matters implicating domestic and international data protection and privacy laws and consumer class actions, as well as company governance and fiduciary duty issues. In the TCPA context, he has represented clients in defending against a number of putative class actions alleging the unsolicited dissemination of voice calls and text messages.
Outside of the litigation context, Jon advises clients through company governance and fiduciary duty issues, conducts compliance audits and internal investigations and provides product counseling, particularly with respect to federal and state telemarketing laws and regulations.
Jon Hawk is in White & Case’s Commercial Litigation Practice. He represents clients involved in high-stakes litigation and also serves …
Print and review course materials
Method of Presentation:
NASBA Field of Study:
NY Category of CLE Credit:
Areas of Professional Practice
Unlock All The Knowledge and Credit You Need
Leading Provider of Online Continuing Education
It's As Easy as 1, 2, 3
Get Your 1-Year All Access Pass For Only $199
Federal Communications Commission
About Federal Communications Commission
About Arent Fox LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. As a result of guiding principles centered on first-rate legal work and exceptional service, the firm has earned its reputation for providing clients with the counsel they need to meet critical challenges in their “world.”
With offices in Los Angeles, New York, San Francisco, and Washington, DC, Arent Fox provides strategic legal counsel to clients that range from Fortune 500 corporations and start-ups, to trade associations and foreign governments.
Arent Fox has earned the distinction of being considered a premier law firm from The American Lawyer, Chambers USA, and Legal 500 for our practice breadth, geographical reach, and industry knowledge.
About White & Case LLP
White & Case is a truly global law firm, uniquely positioned to help clients achieve their ambitions in today's G20 world. As a pioneering international law firm, the firm cross-border experience and diverse team of local, US and English-qualified lawyers consistently deliver results for their clients. In both established and emerging markets, the firm’s lawyers are integral, long-standing members of the community, giving clients insights into the local business environment alongside their experience in multiple jurisdictions.
The firm works with some of the world’s most respected and well-established businesses, as well as start-up visionaries, governments and state-owned entities. Drawing on the experience of accomplished lawyers and the resources of their global network, they offer genuine depth and local law capability that few other firms can match. The team enjoys a highly impressive track record in successfully defending companies against TCPA-related litigation, including in Glauser v. GroupMe, Inc. et al., (N.D. Cal. 2015 WL 475111) regarding the definition of “autodialer” under the TCPA. They also offer a focus on TCPA compliance, advising clients on an ongoing basis in order to prevent TCPA lawsuits.