September 27, 2021

Volume XI, Number 270

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September 24, 2021

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TCPA Regulatory Update — Industry Calls on FCC to Fix TCPA Consent Rule

USTelecom, one of the largest telecommunications industry groups, has publicly joined the American Bankers Association (“ABA”) in asking the Commission to issue an erratum correcting its December 2020 Report and Order implementing Section 8 of the TRACED Act. As we reported in January, the Commission issued a Report and Order in which it reviewed some of the statutory exemptions in the TCPA and implemented additional parts of the TRACED Act. However, following adoption, stakeholders noted what appeared to be an error in the codified regulations that would require prior express written consent rather than merely prior express consent for informational prerecorded or artificial voice calls to a residential number.

In a letter sent to the Commission, USTelecom echoed the ABA’s concerns and noted that the “prior express written consent” requirement in the text of the rules would appear to contravene the Commission’s intent as expressed in the text of the Order.

So far the Commission has not responded to the calls for a correction, or issued any statement indicating whether it agrees with the ABA and telecommunications industry.

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 75
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About this Author

Russell H. Fox, Communications Attorney, Mintz Levin, Regulatory Approvals
Member

With over 35 years in the wireless telecommunications industry, Russell is among the most experienced wireless communications attorneys in the country. Unique among his peers, Russell assists clients on federal legislative, regulatory, and transactional matters. He analyzes legislation on behalf of clients, participates in proceedings before the FCC and other federal agencies, negotiates spectrum agreements, and represents wireless providers in spectrum auctions. He is also frequently consulted on matters involving US spectrum use and policy.

Whether they are in the middle of a...

202-434-7483
Jonathan P. Garvin Communications & Media Attorney Mintz, Levin, Cohn, Ferris, Glovsky and Popeo Washington, DC
Associate

Jon focuses his practice on a wide range of legal challenges facing companies in the communications and media industries. He regularly advises clients on transactional, regulatory, and compliance issues before the Federal Communications Commission (FCC) involving wireless, broadband, broadcast, and cable matters. In addition, Jon advises broadcast and print media clients on FTC and state-specific advertising rules and advises broadcast companies on Television Spectrum Repack and FCC license requirements. 

Jon brings FCC experience and insight to his engagements with the firm’s...

202-434-7357
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