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FCC final TRACED Act rules

The Federal Communications Commission has published at 86 FR 11443 in today's Federal Register a final rule to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act). The rule:

  • codifies the Telephone Consumer Protection Act (TCPA) exemptions for calls to wireless numbers into the rules to make those exemptions more clear and understandable for both callers and consumers
  • amends the TCPA exemptions for artificial or prerecorded voice calls made to residential telephone lines so each satisfies the TRACED Act's requirements to identify who can call, who can be called, and any call limits
  • adopts limits on the number of calls that can be made under the exemptions for—
    • non-commercial calls to a residence
    • commercial calls to a residence that do not include an advertisement or constitute telemarketing
    • tax-exempt nonprofit organization calls to a residence
    • Health Insurance Portability and Accountability Act (HIPPA)-related calls to a residence

    In addition, callers must have mechanisms in place to allow consumers to opt out of any future calls.

The amendments will be effective March 29, 2021, except for the changes to 47 CFR Part 64, section 64.1200 (Delivery restrictions), which are delayed until further notice from the FCC.

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