The Federal Communications Commission has published a Final Notice of Proposed Rulemaking in the Federal Register seeking to answer whether calls and texts from wireless carriers to their customers should be subject to or exempt from the Telephone Consumer Protection Act while also looking for an answer regarding whether automated opt-out mechanisms should be required on every call using a pre-recorded or artificial voice.
Comments on the proposed rule are due by April 4.
Wireless carriers argue that their communications with customers should be exempt from the TCPA because there is no additional cost to the customer, but the language of the TCPA and subsequent rules and orders are not explicitly clear whether this situation is an exception to the TCPA or not, the FCC noted. Thus, the Commission is looking to answer whether the unique relationship between carriers and their customers. Should that be the case, the FCC wonders, does the exemption apply to other types of telemarketing calls.
This also brings into question whether carriers need to honor revocation or opt-out requests from their customers.
Finally, the FCC is looking at a request from the National Consumer Law Center to include an automated opt-out mechanism on every call that contains an artificial or pre-recorded voice. Along with determining whether such a change is necessary, the Commission is also curious about the compliance costs associated with this change and if there are any other alternatives that would minimize the compliance burden on smaller companies.