Comments of National Consumer Law Center on behalf of its low-income clients and Consumer Action, Consumer Federation of America. Electronic Privacy Information Center, Florida Justice Project, Jacksonville Legal Aid, Inc., Justice in Aging, National Association of Consumer Advocates, National Consumers League, National Health Law Program, Public Knowledge, and U.S. PIRG in response to the Federal Communications Commission’s (Commission) call for comments on a letter from the Secretary of Health and Human Services (HHS) seeking clarification of the requirements for consent for automated calls made by various governmental entities and their private contractors to encourage renewals and re-enrollment in Medicaid, the Children’s Health Insurance Programs (CHIP), the Basic Health Programs (BHP), and the Health Insurance Marketplace programs (Marketplace).
The HHS letter expresses the concern that the potential for TCPA liability will prevent these
important calls from being made. Assuming that the calls are limited to the purposes described in HHS’s letter and that the called parties provided the telephone numbers in a context related to the subject of the proposed calls, it appears that they will conform to the Commission’s existing
interpretations of the TCPA.