New Rules Allow Debt Collection Robocalls from the Feds

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The Federal Communications Commission released its final rules allowing the federal government and some third party contractors to make debt-collection robocalls to wireless lines. These robocalls can begin as soon as it’s determined that an account is delinquent; and up to 30 days in advance in specific cases. Robocalls must disclose to the recipient that they can opt out of receiving future robocalls at any time. Collectors can’t robocall anyone other than the debtor or person responsible for the debt.

The Telephone Consumer Protection Act (TCPA) generally prohibits businesses from making a non-emergency robocall to a wireless number without the recipient’s prior consent.

In late 2015, Congress revised the TCPA to explicitly exempt robocalls that involve the collection of debts owed to the federal government. The final FCC report and order [PDF] applies to calls made to wireless lines, not landlines. The FCC says robocalls can be made on loans that are merely delinquent. In certain cases, 30 days before an account is even past-due.

The FCC determined that these robocalls can “only be made to the debtor or another person or entity legally responsible for paying the debt.” Robocalls are not permitted to others who are not liable for the debt, even if listed as references or witnesses on paperwork for the debt.