REMINDER—New Rules Impacting Exempted Calls Now Effective

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).