NEWS: The Federal Communications Commission (FCC) has announced that new rules restricting the number of prerecorded/artificial voice non-telemarketing calls (“robocalls”) made to residential landlines will take effect on July 20, 2023.
The rules implement Section 8 of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which amended the Telephone Consumer Protection Act (TCPA) in late 2019.
CUNA offers this summary of the new rules:
- They codify existing exemptions for certain non-commercial calls to wireless numbers (e.g., fraud/security breach alerts).
- They limit the number of non-commercial robocalls to three prerecorded/artificial voice calls to any residential phone number from any caller within any consecutive 30-day period. Calls that exceed these limits will require prior express consent (oral or written). There are no numerical limits on “live” calls to residential landlines. Previously, there was no limit on the number of non-telemarketing robocalls that a caller could make to a residence. With these new rules, it appears that “informational” calls to residential landlines that exceed the new three-call limit will require prior express consent. (You’ll recall that prior express written consent is required for prerecorded/artificial voice telemarketing calls to residential landlines.)
- They require callers to provide an automated, interactive voice- and/or key press activated opt-out mechanism for the called person to make a do-not-call request.
- They require callers to have procedures in place for maintaining an internal do-not-call list of individuals who request not to receive such calls.
Note that these requirements apply to “robocalls” made to residential phones from non-commercial, commercial, and tax-exempt non-profit organizations.
The League will update its ii Release No. 0162 – Telemarketing and Related Consumer Protections – to reflect the new rules.
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