TCPA Update: FCC Seeks Guidance On Proposed Robocall-Blocking Rule

Under new Chairman Ajit Pai's leadership, the Federal Communications Commission (the "Commission") is taking its first steps toward reforming its rules interpreting the Telephone Consumer Protection Act ("TCPA"). On Wednesday, May 17, the Commission published a Notice of Proposed Rulemaking ("NPRM") for a proposed rule that would allow all voice service providers – including wireless providers and VoIP providers – to block illegal robocalls before they reach consumers. Comments on the NPRM are due by July 3, 2017, and Reply Comments are due by July 31, 2017.

The proposed rule would allow providers of telephony services to block calls: (i) upon request of the subscriber to the originating number, on the presumption that such a call is "spoofed"; (ii) from invalid numbers; (iii) from numbers that are not allocated to any voice service provider; and (iv) from numbers that are allocated to a provider, but have not been assigned to any subscriber.