On July 5, 2016, the FCC released a 23 page Declaratory Ruling further interpreting the new government TCPA exemption passed by congress as part of their recent bipartisan budget act. The FCC clarified that the TCPA, including its wireless and autodialer prohibitions, does not apply to calls made by or on behalf of the federal government in the conduct of official government business, except when a call made by a private contractor does not comply with the government’s instructions.
This means that authorized contractors may invoke the government’s exemption unless they act beyond their authorization. The TCPA will continue to apply to activities that are not truly governmental, such as political campaigning, for example. The declaratory ruling was made in response to the petitions of 3 entities: the National Employment Network Association, Broadnet Teleservices and RTI International. All 3 petitions requested clarifications regarding the government exemption and all were granted in part.