On July 20, 2023, the new Federal Communications Commission (FCC) rules amending various Telephone Consumer Protection Act (TCPA) exemptions for artificial or prerecorded voice calls to residential telephone lines became effective.
As background, the TCPA exempts certain calls, including those that (i) are “not made for a commercial purpose”; (ii) are “made for a commercial purpose but [that] do[ ] not include or introduce an advertisement or constitute telemarketing”; (iii) are made by or on behalf of a tax-exempt nonprofit organization; or (iv) deliver a “health care message” made by or on behalf of a “covered entity” or its “business associate,” as defined by the Health Insurance Portability and Accountability Act (HIPAA), from the prohibition on artificial or prerecorded voice messages to residential telephone lines. See 47 CFR § 64.1200(a)(3)(i)-(v).
However, the TRACED Act amends these exemptions to add certain numerical limits and opt-out requirements. Beginning July 20, 2023, the following changes apply:
- The number of calls that can be made to a particular residential line pursuant to the exemption for calls “not made for a commercial purpose” is limited to three artificial or prerecorded voice calls within any consecutive 30-day period.
- The number of calls that can be made pursuant to the exemption for commercial calls that do not introduce an advertisement or constitute telemarketing is limited to three artificial or prerecorded voice calls within any consecutive 30-day period.
- The number of calls that can be made pursuant to the exemption for HIPAA-related calls that deliver a “health care message” is limited to one artificial or prerecorded voice call per day up to a maximum of three per week.
- The number of calls that can be made by or on behalf of a tax-exempt nonprofit organization is limited to three artificial or prerecorded voice calls within any consecutive 30-day period.
- Callers must allow recipients of artificial and prerecorded voice message calls made pursuant to the foregoing exemptions to opt out of such calls using either of the following mechanisms:
- Provide an automated, interactive voice- and/or key press-activated opt-out mechanism for the called party to make a do-not-call request, including instructions on how to use the mechanism. The mechanism must automatically record the opt-out request and terminate the call.
- Permit opt-outs by dialing a telephone number (required to be provided in the artificial or prerecorded voice message) to register the called party’s do-not-call request in response to that call.
Callers must obtain prior express consent either orally or in writing to exceed the numerical limits on artificial or prerecorded voice calls to residential telephone lines made under the exemptions.
Why it matters
The TRACED Act is the new frontier of call center compliance, and now outbound callers must contend with it and the TCPA. Compliance issues like these can be tricky to navigate, so please call Manatt’s TCPA team for help.