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FCC Issues Ruling Limiting Call Volumes Permitted Under TCPA Exemptions

  • Written by Steel Rose

The FCC 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.”

Rules must be implemented in 6 months, to read more click here