FCC Reverses Precedent, Rules that Government Contractors Are Subject to the TCPA
Client Alert | 1 min read | 12.21.20
In a ruling issued last week, the Federal Communications Commission (FCC) overturned precedent from 2016, ruling that federal, state, and local government contractors are subject to the Telephone Consumer Protection Act (TCPA) and therefore cannot make TCPA-prohibited robocalls on behalf of the government.
The TCPA restricts certain calls made by “any person.” In a 2016 ruling, the FCC declared that the term “person” does not include the federal government and that therefore the TCPA’s restrictions do not apply to calls made by the federal government. The FCC extended this interpretation to cover calls made by contractors acting as agents of the federal government in accordance with the federal common law of agency.
On reconsideration, the FCC has now reversed its 2016 ruling, ruling that:
- A federal government contractor making calls on behalf of the government is a “person” subject to the TCPA;
- A state government caller making calls in the conduct of official government business is not a “person” subject to the TCPA;
- A state or local government contractor, like a federal government contractor, is a “person” and is therefore subject to the TCPA; and
- A local government, unlike a federal or state government, is a “person” subject to the TCPA.
Given that the TCPA is fertile ground for litigants and plaintiffs’ attorneys due to the potential damages of $500 to $1,500 per violation, government contractors should review their calling practices to analyze the impact of this recent FCC ruling.
Contacts
Partner, Crowell Global Advisors Senior Director
- Washington, D.C.
- D | +1.202.624.2698
- Washington, D.C. (CGA)
- D | +1 202.624.2500
Insights
Client Alert | 8 min read | 09.24.25
The Transportation Security Administration (TSA) recently proposed an expanded role regulating unmanned aircraft systems (UAS), or drones. On August 7, 2025, the Federal Aviation Administration (FAA) and TSA published a joint Notice of Proposed Rulemaking (proposed rule), titled Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations (BVLOS). Through this landmark proposed rule, the FAA and TSA aim to provide industry with a clear path forward for streamlined UAS operations for a variety of purposes, including package delivery, agriculture, aerial surveying, civic interest (public safety), and flight testing. Comments on the proposed rule are due October 6, 2025.
Client Alert | 4 min read | 09.23.25
A Special Relationship Reboot? The US-UK Tech Prosperity Deal
Client Alert | 7 min read | 09.23.25
Client Alert | 2 min read | 09.23.25
The Other PFAS Shoe Drops: EPA Will Retain and Defend Its CERCLA PFAS Regulation