[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61129-61130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25682]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; WC Docket No. 07-35; FCC 15-72]
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991; et al.
AGENCY: Federal Communications Commission.
ACTION: Petitions for Rulemaking, denial and dismissal; declaratory
ruling; time-limited waivers; exemptions.
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SUMMARY: The Commission affirms and further clarifies the requirements
of the Telephone Consumer Protection Act (TCPA), focusing on consumers'
rights to stop unwanted robocalls, including both voice calls and text
messages. The Commission acted in an Omnibus Declaratory Ruling and
Order (Omnibus Order) in response to 21 petitions for rulemaking,
clarification, or other action regarding the TCPA or the Commission's
rules and orders. In addition to denying one petition for rulemaking
and dismissing another petition for rulemaking, the Omnibus Order took
a number of actions, including clarifying when certain conduct violates
the TCPA and providing guidance intended to assist callers in avoiding
violations and consequent litigation.
DATES: The Omnibus Order was issued on July 10, 2015.
ADDRESSES: The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.
FOR FURTHER INFORMATION CONTACT: Kristi Lemoine, Consumer Policy
Division, Consumer and Governmental Affairs Bureau, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554.
(202) 418-2467.
SUPPLEMENTARY INFORMATION:
1. The Omnibus Order denied one petition for rulemaking and
dismisses another petition for rulemaking as both requests were
subsumed in the declaratory ruling portion of that document. The
Omnibus Order also addressed a number of requests for clarification or
other relief.
2. Petitions for Rulemaking. The Professional Association for
Customer Engagement (PACE) filed a Petition for Expedited Declaratory
Ruling and/or Expedited Rulemaking, and ACA International filed a
Petition for Rulemaking. PACE's petition was addressed on its merits as
a Petition for Declaratory Ruling and its Petition for Expedited
Rulemaking was therefore dismissed. In the Omnibus Order the Commission
provided clarification regarding the issues raised by ACA and therefore
its petition was denied.
3. Requests for Clarification or Other Action. The Omnibus Order
also addressed separate requests for clarification or other action
regarding the TCPA or the Commission's rules and orders implementing
the TCPA. The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.
4. The Commission strengthened the core protections of the TCPA by
confirming that:
[cir] Callers cannot avoid obtaining consumer consent for a
robocall simply because they are not ``currently'' or ``presently''
dialing random or sequential phone numbers;
[cir] Simply being on an acquaintance's phone contact list does not
amount to consent to receive robocalls from third-party applications
downloaded by the acquaintance;
[cir] Callers are liable for robocalls to reassigned wireless
numbers when the current subscriber to or customary user of the number
has not consented, subject to a limited, one-call exception for cases
in which the caller does not have actual or constructive knowledge of
the reassignment;
[cir] Internet-to-phone text messages require consumer consent; and
[cir] Text messages are ``calls'' subject to the TCPA, as
previously determined by the Commission.
[cir] The Commission also empowered consumers to stop unwanted
calls by confirming that:
[cir] Consumers may revoke consent at any time and through any
reasonable means; and
[cir] Nothing in the Communications Act or the Commission's
implementing rules prohibits carriers or Voice over Internet Protocol
providers from implementing consumer-initiated call-blocking technology
that can help consumers stop unwanted robocalls.
5. Finally, the Commission recognized the legitimate interests of
callers by:
[cir] Clarifying that application providers that play a minimal
role in sending text messages are not per se liable for unwanted
robocalls;
[[Page 61130]]
[cir] Clarifying that when collect-call services provide consumers
with valuable call set-up information, those providers are not liable
for making unwanted robocalls;
[cir] Clarifying that ``on demand'' text messages sent in response
to a consumer request are not subject to TCPA liability;
[cir] Waiving the Commission's 2012 ``prior express written
consent'' rule for certain parties for a limited period of time to
allow them to obtain updated consent;
[cir] Exempting certain free, pro-consumer financial- and
healthcare-related messages from the consumer-consent requirement,
subject to strict conditions and limitations to protect consumer
privacy; and
[cir] Providing and reiterating guidance regarding the TCPA and the
Commission's rules, empowering callers to mitigate litigation through
compliance and dispose of litigation quickly where they have complied.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-25682 Filed 10-8-15; 8:45 am]
BILLING CODE 6712-01-P