As we recently reported, the Federal Communications Commission (FCC) provided new maximum call guidance in a December 2020 order (Order) for callers subject to the Telephone Consumer Protection Act (TCPA). The guidance was issued prior to the implementation of new regulations capping the number of permitted calls under the TCPA. But industry members quickly identified a problem — the proposed regulations seem to have a major drafting error.
The FCC's Order proposed new regulatory language to cap the maximum number of certain calls that can be made to residential phone lines under the TCPA. The TCPA restricts making phone calls to residential lines using artificial or prerecorded voice technology, except when those calls are made (a) for noncommercial purposes, (b) for non-telemarketing commercial purposes, (c) by tax-exempt nonprofit organizations, and (d) for certain health-related purposes under the Health Insurance Portability and Accountability Act (HIPAA). The FCC's new
