FCC Makes Single Tweak to 2020 TCPA Exemption Order
The FCC revised a 2020 order limiting the number of exempted non-telemarketing robocalls to three to any residential phone from any caller within a 30-day period (see 2012300043) to allow both oral and written consent to exceed the limit, in…
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an order posted Tuesday. Commissioners approved the order Friday. ACA International and the Enterprise Communications Advocacy Coalition had sought revisions. The FCC declined to revise “any of the numerical limitations on the number of exempt non-telemarketing calls to residential lines that we established” in the Telephone Consumer Protection Act exemptions order. “We also conclude that the differing numerical limitations for different categories of exempt calls to residential lines are both constitutional and necessary to advance the health and safety of consumers.” The FCC also retained the opt-out requirements for exempt informational calls. The agency said it wouldn’t revisit the limitations on package delivery notifications to wireless numbers in place since 2015 and confirmed that the commission’s 2016 declaratory ruling on calls by utilities to wireless numbers applies equally to similar calls made to residential lines. “We agree with petitioners and commenters that there is no reason for the consent requirements for informational calls to residential lines to differ from the consent requirements for informational calls to wireless numbers, which allow for either oral or written consent,” the order said: “In addition, as some commenters note, to extend the written consent requirement to informational calls that include calls from utilities and healthcare providers could impair the ability of these callers to provide important public safety information to consumers.” The FCC said it wasn’t convinced it should revise the numerical limits on such calls. “As the TCPA Exemptions Order emphasized, limiting the number of exempted calls to residential lines will greatly reduce interruptions from intrusive and unwanted calls and reduce the burden on residential telephone users to manage such calls,” the order said. Limiting the number of calls “strikes the appropriate balance between these callers reaching consumers with valuable information and reducing the number of unexpected and unwanted calls consumers currently receive and thus restoring trust in the residential landline network and advancing health and the safety of life,” the FCC said.