Limits on Exempted Calls Under the Telephone Consumer Protection Act of 1991
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Abstract
In this document, the Commission announces the effective date for the rules implementing section 8 of the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) per the TCPA Exemptions Order, published on February 25, 2021. Specifically, compliance is required for the Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls made to residential telephone lines to ensure each satisfies the TRACED Act's requirements to identify who can call, who can be called, and any call limits. Compliance is also required with the limits on the number of calls that can be made under the exemptions for non- commercial calls to a residence; commercial calls to a residence that do not include an advertisement or constitute telemarketing; tax-exempt nonprofit organization calls to a residence; and Health Insurance Portability and Accountability Act (HIPPA)-related calls to a residence. Finally, callers must have mechanisms in place to allow consumers to opt out of any future calls.
Full Text
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<title>Federal Register, Volume 88 Issue 13 (Friday, January 20, 2023)</title>
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[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Rules and Regulations]
[Page 3668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00634]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278, FCC 20-186; FR ID 122726]
Limits on Exempted Calls Under the Telephone Consumer Protection
Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
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SUMMARY: In this document, the Commission announces the effective date
for the rules implementing section 8 of the Pallone-Thune Telephone
Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act) per
the TCPA Exemptions Order, published on February 25, 2021.
Specifically, compliance is required for the Telephone Consumer
Protection Act (TCPA) exemptions for artificial or prerecorded voice
calls made to residential telephone lines to ensure each satisfies the
TRACED Act's requirements to identify who can call, who can be called,
and any call limits. Compliance is also required with the limits on the
number of calls that can be made under the exemptions for non-
commercial calls to a residence; commercial calls to a residence that
do not include an advertisement or constitute telemarketing; tax-exempt
nonprofit organization calls to a residence; and Health Insurance
Portability and Accountability Act (HIPPA)-related calls to a
residence. Finally, callers must have mechanisms in place to allow
consumers to opt out of any future calls.
DATES: The amendments to 47 CFR 64.1200(a)(3)(ii) through (v), (b)(2)
and (3), and (d), published at 86 FR 11443 (Feb. 25, 2021), are
effective July 20, 2023.
FOR FURTHER INFORMATION CONTACT: Richard D. Smith of the Consumer and
Governmental Affairs Bureau, Consumer Policy Division, at (717) 338-
2797 or <a href="/cdn-cgi/l/email-protection#aefcc7cdc6cfdcca80fdc3c7dac6eec8cdcd80c9c1d8"><span class="__cf_email__" data-cfemail="9eccf7fdf6ffecfab0cdf3f7eaf6def8fdfdb0f9f1e8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This document announces that the Office of
Management and Budget (OMB) approved the information collection
requirements in Sec. 64.1200(a)(3)(ii) through (v), (b)(2) and (3),
and (d) on September 15, 2021.
The Commission publishes this document as an announcement of the
effective date of the rules.
In a final rule (FCC 22-100), released on December 27, 2022, and
published elsewhere in this issue of the Federal Register, the
Commission amended rule 47 CFR 64.1200(a)(3) to allow callers the
option of obtaining either oral or written consent if they wish to make
more calls than the numerical limits on exempted artificial or
prerecorded voice message calls to residential telephone lines and
announced the compliance date for the amended rule.
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to <a href="/cdn-cgi/l/email-protection#7f191c1c4a4f4b3f191c1c51181009"><span class="__cf_email__" data-cfemail="1a7c79792f2a2e5a7c7979347d756c">[email protected]</span></a> or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023-00634 Filed 1-19-23; 8:45 am]
BILLING CODE 6712-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.