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January 12, 2023
TCPA: Revisions to FCC Regulations Regarding Prerecorded Voice Message Calling
On December 27, 2022, the Federal Communications Commission (FCC) released an Order on Reconsideration and Declaratory Ruling that denied reconsideration on most aspects of the FCC's December 30, 2020 Report and Order, which made changes to certain FCC regulations under the Telephone Consumer Protection Act (TCPA). Before December 2020, the FCC had exempted artificial and prerecorded message calls (collectively, "prerecorded message calls") to residential lines for non-telemarketing informational purposes from any consent requirement under the TCPA. (Such calls to wireless lines have always required prior express consent from the called party). Also, before the December 2020 Report and Order, there was no requirement for automated opt-out mechanisms in prerecorded message calls for non-telemarketing informational purposes.
The most significant amendments in the December 2020 Report and Order were to:
- Impose a numerical limit (three calls in any 30-day period) on most types of informational prerecorded message calls to residential lines unless the called party had provided prior express written consent; and
- Require that the messages for prerecorded message calls (whether to residential or wireless lines) contain an automated mechanism to enable the called party to opt out of receiving such calls.