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ARTICLE · 26 MARCH 2021

TCPA Tracker - February 2021

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

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On December 30, 2020 the FCC released a Report and Order issuing guidance on TCPA exemption requirements.

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP

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Per TRACED Act, FCC Reexamines TCPA Exemption Requirements, Imposes Numerical Limits on Exempt Calls to Residential Lines

On December 30, 2020 the FCC released a Report and Order issuing guidance on TCPA exemption requirements.  Section 227(b) of the TCPA regulates calls made using artificial/prerecorded voice messages and/or automatic dialing systems.   Section 8 of the TRACED Act directs the FCC to impose certain requirements on exemptions granted pursuant to section 227(b).  The FCC released a TRACED Act NPRM in October, 2020 addressing and seeking comment on exemption requirements (see our coverage of the NPRM in the October 2020 TCPA Tracker).  The December 2020 Report and Order continues the discussion and implements several of the proposals.  Most notably, the new order sets limits on the number of artificial or prerecorded voice calls that can be made to a residential line without prior consent.  The order also provides for an "opt-out

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