FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
TH E CHAJ R MAN July 15,2015
The Honorable Brad Ashford
U.S. House of Representatives
107 Cannon House Office Building
Washington, D.C. 20515
Dear Congressman Ashford:
Thank you for your letter regarding a number of requests from businesses and other
parties for clarification on compliance with the Telephone Consumer Protection Act (TCPA) and
the Commission's related rules. In your letter, you express your view that some protections
created by TCPA need to be modernized to reconcile the law with the modem communications
landscape.
Let me assure you that the Commission is committed to the TCPA's goal of protecting
consumers from unwanted calls and texts. We know consumers value their privacy, regardless
of whether unwanted efforts to reach them target their home landlines or wireless phones. The
TCPA makes clear that consumers can choose which calls they want and do not want. That is
why I led the Commission to crack down on robocalls, spam texts, and telemarketing calls,
which are the number one source of consumer complaints at the FCC. We took action to resolve
more than 20 petitions by providing, as you suggest, much needed clarity on number of TCPA
issues to business and other callers. Our actions send one clear message: consumers have the
right to control the calls and texts they receive.
In your letter, you raise concerns businesses and other callers are adversely affected
because we have not updated the TCPA to reflect modem calling and consumer expectations. To
the contrary, our actions provide the clarifications that responsible businesses need to maintain
lawful use of robocalling equipment. Indeed, we interpret the TCPA in a common sense way that
benefits both callers and consumers. While the set of petitions addressed at the June Open
Meeting did not include those filed by companies contacting student borrowers on behalf of the
federal government or on behalf of private student loan entities, the declaratory ruling and order
provides useful guidance for any party using "autodialers" to contact consumers. We invite these
companies to review the item in detail as we continue review of the remaining petitions.
The Commission's decisions on these issues were based on an extensive record in
response to the petitions, including numerous informative meetings with trade associations, small
business owners, federal agencies, state attorneys general, consumer groups, and other interested
parties. Please be assured that we have carefully considered the input of all stakeholders,
including callers and consumers alike.
Page 2-The Honorable Brad Ashford
I appreciate your interest in this matter. Please let me know if I can be of any further
assistance.
Tom Wheeler
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON
OFFICE OF
THE CHAIRMAN July 15,2015
The Honorable Ann McLane Kuster
U.S. House of Representatives
137 Cannon House Office Building
Washington, D.C. 20515
Dear Congresswoman Kuster:
Thank you for your letter regarding a number of requests from businesses and other
parties for clarification on compliance with the Telephone Consumer Protection Act (TCPA) and
the Commission's related rules. In your letter, you express your view that some protections
created by TCPA need to be modernized to reconcile the law with the modem communications
landscape.
Let me assure you that the Commission is committed to the TCPA's goal of protecting
consumers from unwanted calls and texts. We know consumers value their privacy, regardless
of whether unwanted efforts to reach them target their home landlines or wireless phones. The
TCPA makes clear that consumers can choose which calls they want and do not want. That is
why I led the Commission to crack down on robocalls, spam texts, and telemarketing calls,
which are the number one source of consumer complaints at the FCC. We took action to resolve
more than 20 petitions by providing, as you suggest, much needed clarity on number of TCPA
issues to business and other callers. Our actions send one clear message: consumers have the
right to control the calls and texts they receive.
In your letter, you raise concerns businesses and other callers are adversely affected
because we have not updated the TCPA to reflect modem calling and consumer expectations. To
the contrary, our actions provide the clarifications that responsible businesses need to maintain
lawful use of robocalling equipment. Indeed, we interpret the TCPA in a common sense way that
benefits both callers and consumers. While the set of petitions addressed at the June Open
Meeting did not include those filed by companies contacting student borrowers on behalf of the
federal government or on behalf of private student loan entities, the declaratory ruling and order
provides useful guidance for any party using "autodialers" to contact consumers. We invite these
companies to review the item in detail as we continue review of the remaining petitions.
The Commission's decisions on these issues were based on an extensive record in
response to the petitions, including numerous informative meetings with trade associations, small
business owners, federal agencies, state attorneys general, consumer groups, and other interested
parties. Please be assured that we have carefully considered the input of all stakeholders,
including callers and consumers alike.
Page 2-The Honorable Ann McLane Kuster
I appreciate your interest in this matter. Please let me know ifl can be of any further
assistance.
Sincerely, / ,/ /---tb--.a:
Tom Wheeler