In late June, the Federal Communications Commission (FCC) clarified Telephone Consumer Protection Act (TCPA) requirements for automated telemarketing calls (robocalls) and certain text messages through a package of declaratory rulings.
The requirements prohibit using an artificial or prerecorded voice to make telemarketing calls to residential telephones without prior express consent. Also prohibited are using an automatic telephone dialing system (“autodialer”) or an artificial or prerecorded voice to make nonemergency calls to a wireless telephone number without obtaining prior express consent. Consent must be in writing for telemarketing calls to wireless phones. For nontelemarketing calls, consent may be oral or written.
The FCC’s declaratory ruling reaffirmed that consumers are entitled to the same consent-based protections for text messages as they are for voice calls to wireless numbers. A credit union bears the burden of proving it obtained appropriate consumer consent.
For calls to landlines or wireless phones, the FCC clarified that:
For wireless calls, the FCC:
The FCC Declaratory Ruling and Order (FCC 15-72) is available at fcc.gov.