TCPA FCC Declaratory Ruling: What Changed for Outbound Callers
On Friday, July 10, 2015, the Federal Communications Commission (FCC) released its anticipated Telephone Consumer Protection Act (TCPA) Declaratory Ruling. The ruling became effective immediately upon release and was approved by a 3-2 vote during a highly contentious public meeting the prior month.
As part of the ruling, the FCC:
- Expanded the definition of "automatic telephone dialing system" (ATDS) to include equipment with the potential ability to perform ATDS functions.
- Held that a caller violates the TCPA by making more than one call to a reassigned number unless the current subscriber or customary user consented to receive such calls.
- Reiterated its prior rulings on what constitutes "prior express consent" for non-telemarketing calls.
- Clarified that a person can revoke consent to receive calls in any reasonable manner, and businesses cannot limit the method or medium by which consent is revoked.
- Provided guidance on when certain application or service providers may be held liable for unlawful calls made by their customers.
- Reiterated that text messages count as calls under the TCPA, including internet-to-phone text messages.
- Held that a one-time text sent immediately after a consumer's request for it does not violate the TCPA.
- Granted specific petitioners a waiver — retroactively and for 89 days after the ruling — for calls made under written consent obtained before October 16, 2013, even without disclosures mandated by the amended TCPA regulations.
- Provided a limited exemption for certain time-sensitive financial and healthcare calls.
- Clarified that telephone companies and VoIP providers can offer robocall-blocking technology to consumers.
Quality Voice & Data continues to monitor and provide updates on the FCC Declaratory Ruling as they become available. Our team relies on the PACE USA DNC Regulatory Guide to stay current with the ever-changing regulatory landscape governing our industry, so our clients can trust that we're tracking the latest state and federal rules on their behalf.
