Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FCC Chairman proposes tighter restrictions on robocalls, autodialers, (May 28, 2015)

By Jody Coultas, J.D.

FCC Chairman Tom Wheeler circulated his proposal to address numerous petitions seeking clarity on how the Commission enforces the Telephone Consumer Protection Act (TCPA). According to Chairman Wheeler, the proposed actions would close loopholes and ...

By Jody Coultas, J.D.

Thousands of complaints are received by the FCC every month about telemarketing and robocalls. The FCC received more than 215,000 TCPA complaints in 2014 alone.

Chariman Wheeler’s proposal included the following rulings:

Consumers would have the right to revoke their consent to receive robocalls and robotexts in any reasonable way at any time.
Carriers could offer robocall-blocking technologies to consumers.
Consumers who inherit a phone number would not be subject to a barrage of unwanted robocalls to which a previous subscriber of the number consented. If a phone number has been reassigned, callers must stop calling the number after one call.
Define an “autodialer” as any technology with the capacity to dial random or sequential numbers. The rulings would ensure robocallers cannot skirt consumer consent requirements through changes in calling technology design or by calling from a list of numbers.
Allow very limited and specific exceptions for urgent circumstances, such as free calls or texts to, for example, alert consumers to possible fraud on their bank accounts or remind them of important medication refills. Consumers would have the ability to opt out of even these permitted calls and texts.

The proposal made clear that current protections, such as the Do-Not-Call List, limits on telemarketing robocalls and informational calls and texts to cell phones, and prohibition on political calls, would remain in place.

Congress gave consumers a private right of action against callers that violate the TCPA. The Commission has also enforced the rules through its Enforcement Bureau, including almost $450,000 in forfeitures this year and a $2.9 million fine last year.

The proposal will be voted on at the FCC’s Open Meeting on June 18, 2015.

News: ConsumerProtection

Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: FCC Chairman proposes tighter restrictions on robocalls, autodialers, (May 28, 2015)

By Jody Coultas, J.D.

Thousands of complaints are received by the FCC every month about telemarketing and robocalls. The FCC received more than 215,000 TCPA complaints in 2014 alone.

Chariman Wheeler’s proposal included the following rulings:

Consumers would have the right to revoke their consent to receive robocalls and robotexts in any reasonable way at any time.
Carriers could offer robocall-blocking technologies to consumers.
Consumers who inherit a phone number would not be subject to a barrage of unwanted robocalls to which a previous subscriber of the number consented. If a phone number has been reassigned, callers must stop calling the number after one call.
Define an “autodialer” as any technology with the capacity to dial random or sequential numbers. The rulings would ensure robocallers cannot skirt consumer consent requirements through changes in calling technology design or by calling from a list of numbers.
Allow very limited and specific exceptions for urgent circumstances, such as free calls or texts to, for example, alert consumers to possible fraud on their bank accounts or remind them of important medication refills. Consumers would have the ability to opt out of even these permitted calls and texts.

The proposal will be voted on at the FCC’s Open Meeting on June 18, 2015.

News: ConsumerProtection