FCC Publishes Final Robocall Rule

On February 15, 2012, the Federal Communications Commission ("FCC") published a long-awaited Report and Order issuing a final revised rule on the delivery of autodialed and prerecorded telephone calls.¹ The final rule is intended to protect consumers from certain unwanted telemarketing calls and to maximize consistency with the Federal Trade Commission's ("FTC") Telemarketing Sales Rule.² In sum, as set forth below, the final rule:

• Requires prior express written consent to deliver an autodialed or prerecorded telemarketing call to a cell phone.³ The rule for the delivery of an autodialed or prerecorded non-telemarketing call to a cell phone remains the same: only express consent is required (not express written consent). Calls covered by the rule include text messages.⁴