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BREAKING: FCC Issues Ruling Limiting Call Volumes Permitted Under TCPA Exemptions

I’m still hibernating but the FCC just issued its CRITICAL ruling implementing section 8 of the TRACED Act–specifically, it has reviewed all of its previous (content-specific) exemptions under the TCPA to provide the additional findings Congress required.

Most importantly the FCC limited the call volumes permitted under several commonly-used exemptions. Specifically:

(1) non-commercial calls to a residence – Citing the numerical limitations on the number of calls that can be made to a wireless number under the exemptions authorized by section 227(b)(2)(C), “we therefore amend our rules to limit the number of calls that can be made to a particular residential line pursuant to this exemption to three artificial or prerecorded voice calls within any consecutive 30-day period. We thus require callers to allow recipients of artificial and prerecorded voice message calls made under this exemption to opt out of such calls using either of the mechanisms described in our rules” (47 C.F.R. 64.1200(b)(2) and (b)(3).

(2) commercial calls to a residence that do not include an advertisement or constitute telemarketing – “We therefore limit the number of calls that can be made pursuant to this exemption to three artificial or prerecorded voice calls within any consecutive 30-day period.” “We also require callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the exemption for commercial calls to opt out of such calls using either of the mechanisms described in our rules.”

(3) tax-exempt nonprofit organization calls to a residence – “We therefore limit the number of calls that can be made pursuant to this exemption to three artificial or prerecorded voice calls within any consecutive 30-day period.” “We also require callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the exemption for tax-exempt nonprofit organizations to opt out of such calls using either of the mechanisms described in our rules.”

(4) HIPAA-related calls to a residence – “We therefore amend our rules to limit the number of calls that can be made pursuant to this exemption to one artificial or prerecorded voice call per day up to a maximum of three artificial or prerecorded voice calls per week.” We require callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the HIPAA exemption to opt out of such calls using either of the opt-out mechanisms described in our rules.

Implementation and Effective Date: Six Month Period –  We recognize that implementation of the numerical limits and opt-out requirements may present some burdens to callers and we therefore establish a six-month period to do so before the new requirements take effect. More specifically, The requirements that callers comply with a three-call limit within any consecutive 30-day period, and the HIPAA exemption restriction of one call per day up to three calls per week, and opt-out requests from consumers implicate the Paperwork Reduction Act (PRA), as indicated in our rules (contained in Appendix A), and in the Final Regulatory Flexibility Analysis (contained in Appendix B). Thus, the six month period before compliance is required will commence upon publication in the Federal Register of Office of Management and Budget (OMB) approval of the rules.

Ruling here: FCC EXEMPTIONS REPORT AND ORDER

The Baron will have more coverage shortly.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 365
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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