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Home Compliance

FCC Issues Orders Limiting Non-Telemarketing Calls and Requiring Opt-Outs

mikegibb by mikegibb
December 31, 2020
in Compliance, TCPA
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The Federal Communications Commission yesterday issued two orders, one of which restricts the number of non-telemarketing calls that can be made by non-commercial, commercial, and tax-exempt nonprofit organizations under the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. The other order bestows more power on voice service providers to make sure their networks are not being used to transmit illegal robocalls.

Under the first order, the number of exempted calls to any residential phone from any caller will be limited to three within any consecutive 30-day period. Previously, there was no limit on the number of non-telemarketing calls that could be made to a residence. Consumers must now also be given the right to opt out of receiving such calls, according to the FCC.

Noting that implementing these changes “may present some burdens” to callers, the FCC established a six-month waiting period before the order goes into effect.

“Americans are sick and tired of unwanted and illegal robocalls, and today’s separate actions are like a one-two punch to ward them off,” said FCC Chairman Ajit Pai, in a statement. “Today, we are putting much needed limitations on robocalls to our homes, and taking additional steps regarding call blocking that will yield significant improvements for consumers.”

Under the second order

, voice service providers are required to police their networks to stop illegal robocalls from being made and are provided with a safe harbor to include network-based blocking based on reasonable analytics that incorporate caller ID authentication information designed to identify calls that are highly likely to be illegal. And, in the provision that is most relevant to the ARM industry, providers are required to disclose when calls are blocked, establish a dispute resolution process to correct erroneous blocking, and promptly resolve disputes.

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Tags: Call BlockingFCCTRACED Act
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