In response to the Federal Communications Commission’s (FCC) request for input on unnecessary compliance burdens, the debt collection industry, led by ACA International, is advocating for significant reforms to the Telephone Consumer Protection Act (TCPA). Their primary focus is on eliminating rules that impose undue compliance burdens and conflict with existing debt collection regulations. Key proposals include the revocation of the “Revoke All” rule, restoration of the Established Business Relationship (EBR) exemption, and harmonization of TCPA rules with the Fair Debt Collection Practices Act (FDCPA).

Background

In March 2025, the FCC released a public notice, dubbed “Delete, Delete, Delete,” seeking input on deregulation initiatives. This notice is part of a broader effort, aligned with President Trump’s Executive Orders, to reduce regulatory burdens and promote economic growth. The FCC aims to identify and eliminate outdated rules that hinder technological innovation and competition.

Specifics of ACA International’s Recommendations

In April, ACA International submitted detailed comments to the FCC, outlining several TCPA rules they believe should be revised or eliminated:

  • Elimination of the “Revoke All” Rule: ACA argues that this rule, which requires cessation of all communications upon a single revocation request, is overly burdensome and conflicts with the FDCPA. They propose that revocation should be specific to the type of communication and debt involved. As discussed here, in April the FCC the issued an order extending the rule that mandates if a called party revokes consent to receive calls or text messages, that revocation must apply to all future communications from the caller on unrelated matters until April 11, 2026.
  • Restoration of the Established Business Relationship (EBR) Exemption: ACA advocates for reinstating the EBR exemption for debt collection calls, suggesting it would simplify compliance without compromising consumer privacy. They recommend extending this exemption to calls made to wireless numbers, reflecting the modern telecommunications landscape. As discussed here, in 2013, the FCC rules removed the EBR exemption from prerecorded telemarketing calls to residential lines, meaning telemarketers are required to obtain the consumer’s prior express written consent in order to initiate calls to a residential line using ATDS and prerecorded communications. This requirement exists regardless of whether they have an EBR with the consumer.
  • Revision of Wireless Call Exemptions: ACA recommends modifying the FCC’s interpretation of what constitutes a “no charge” call to reflect current telecommunications practices, such as unlimited calling plans. They propose that calls should only be considered charged if they incur a separate, specific fee.
  • Harmonization with FDCPA and Reg. F: ACA emphasizes the need to align TCPA rules with the FDCPA and Consumer Financial Protection Bureau’s Regulation F, which govern debt collection practices. They argue that inconsistencies between these regulations create compliance challenges and unnecessary litigation risks.

On June 4, ACA International representatives met with Callie Coker, Legal Advisor to FCC Chairman Brendan Carr. During this meeting, ACA reiterated its recommendations for TCPA reforms, emphasizing broad support for reviewing the FCC’s regulations.

We will continue monitoring these developments and providing updates on the blog.