80 FR 61129 - Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; et al.

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 80, Issue 196 (October 9, 2015)

Page Range		61129-61130
FR Document		2015-25682

The Commission affirms and further clarifies the requirements of the Telephone Consumer Protection Act (TCPA), focusing on consumers' rights to stop unwanted robocalls, including both voice calls and text messages. The Commission acted in an Omnibus Declaratory Ruling and Order (Omnibus Order) in response to 21 petitions for rulemaking, clarification, or other action regarding the TCPA or the Commission's rules and orders. In addition to denying one petition for rulemaking and dismissing another petition for rulemaking, the Omnibus Order took a number of actions, including clarifying when certain conduct violates the TCPA and providing guidance intended to assist callers in avoiding violations and consequent litigation.

Federal Register, Volume 80 Issue 196 (Friday, October 9, 2015)

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61129-61130]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25682]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; WC Docket No. 07-35; FCC 15-72]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991; et al.

AGENCY: Federal Communications Commission.

ACTION: Petitions for Rulemaking, denial and dismissal; declaratory 
ruling; time-limited waivers; exemptions.

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SUMMARY: The Commission affirms and further clarifies the requirements 
of the Telephone Consumer Protection Act (TCPA), focusing on consumers' 
rights to stop unwanted robocalls, including both voice calls and text 
messages. The Commission acted in an Omnibus Declaratory Ruling and 
Order (Omnibus Order) in response to 21 petitions for rulemaking, 
clarification, or other action regarding the TCPA or the Commission's 
rules and orders. In addition to denying one petition for rulemaking 
and dismissing another petition for rulemaking, the Omnibus Order took 
a number of actions, including clarifying when certain conduct violates 
the TCPA and providing guidance intended to assist callers in avoiding 
violations and consequent litigation.

DATES: The Omnibus Order was issued on July 10, 2015.

ADDRESSES: The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.

FOR FURTHER INFORMATION CONTACT: Kristi Lemoine, Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554. 
(202) 418-2467.

SUPPLEMENTARY INFORMATION: 
    1. The Omnibus Order denied one petition for rulemaking and 
dismisses another petition for rulemaking as both requests were 
subsumed in the declaratory ruling portion of that document. The 
Omnibus Order also addressed a number of requests for clarification or 
other relief.
    2. Petitions for Rulemaking. The Professional Association for 
Customer Engagement (PACE) filed a Petition for Expedited Declaratory 
Ruling and/or Expedited Rulemaking, and ACA International filed a 
Petition for Rulemaking. PACE's petition was addressed on its merits as 
a Petition for Declaratory Ruling and its Petition for Expedited 
Rulemaking was therefore dismissed. In the Omnibus Order the Commission 
provided clarification regarding the issues raised by ACA and therefore 
its petition was denied.
    3. Requests for Clarification or Other Action. The Omnibus Order 
also addressed separate requests for clarification or other action 
regarding the TCPA or the Commission's rules and orders implementing 
the TCPA. The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.
    4. The Commission strengthened the core protections of the TCPA by 
confirming that:
    [cir] Callers cannot avoid obtaining consumer consent for a 
robocall simply because they are not ``currently'' or ``presently'' 
dialing random or sequential phone numbers;
    [cir] Simply being on an acquaintance's phone contact list does not 
amount to consent to receive robocalls from third-party applications 
downloaded by the acquaintance;
    [cir] Callers are liable for robocalls to reassigned wireless 
numbers when the current subscriber to or customary user of the number 
has not consented, subject to a limited, one-call exception for cases 
in which the caller does not have actual or constructive knowledge of 
the reassignment;
    [cir] Internet-to-phone text messages require consumer consent; and
    [cir] Text messages are ``calls'' subject to the TCPA, as 
previously determined by the Commission.
    [cir] The Commission also empowered consumers to stop unwanted 
calls by confirming that:
    [cir] Consumers may revoke consent at any time and through any 
reasonable means; and
    [cir] Nothing in the Communications Act or the Commission's 
implementing rules prohibits carriers or Voice over Internet Protocol 
providers from implementing consumer-initiated call-blocking technology 
that can help consumers stop unwanted robocalls.
    5. Finally, the Commission recognized the legitimate interests of 
callers by:
    [cir] Clarifying that application providers that play a minimal 
role in sending text messages are not per se liable for unwanted 
robocalls;

[[Page 61130]]

    [cir] Clarifying that when collect-call services provide consumers 
with valuable call set-up information, those providers are not liable 
for making unwanted robocalls;
    [cir] Clarifying that ``on demand'' text messages sent in response 
to a consumer request are not subject to TCPA liability;
    [cir] Waiving the Commission's 2012 ``prior express written 
consent'' rule for certain parties for a limited period of time to 
allow them to obtain updated consent;
    [cir] Exempting certain free, pro-consumer financial- and 
healthcare-related messages from the consumer-consent requirement, 
subject to strict conditions and limitations to protect consumer 
privacy; and
    [cir] Providing and reiterating guidance regarding the TCPA and the 
Commission's rules, empowering callers to mitigate litigation through 
compliance and dispose of litigation quickly where they have complied.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-25682 Filed 10-8-15; 8:45 am]
 BILLING CODE 6712-01-P

Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61129

Register. This action is not a ‘‘major Dated: September 14, 2015. Authority: 21 U.S.C. 321(q), 346a and 371.
rule’’ as defined by 5 U.S.C. 804(2). G. Jeffery Herndon,
■ 2. In § 180.920, add alphabetically the
Acting Director, Registration Division, Office
List of Subjects in 40 CFR Part 180 of Pesticide Programs. inert ingredient ‘‘Dimethyl Sulfoxide
(CAS No. 67–68–5)’’ to the table to read
Environmental protection, Therefore, 40 CFR chapter I is
as follows:
Administrative practice and procedure, amended as follows:
Agricultural commodities, Pesticides § 180.920 Inert ingredients used pre-
PART 180—[AMENDED] harvest; exemptions from the requirement
and pests, Reporting and recordkeeping
requirements. of a tolerance.
■ 1. The authority citation for part 180
continues to read as follows: * * * * *

Inert ingredients Limits Uses

* * * * * * *
Dimethyl Sulfoxide (CAS No. For pesticide formulations used before crop emerges from soil or prior to formation of Solvent or co-solvent.
67–68–5). edible parts of food plants; for pesticide formulations used after crop emerges but be-
fore harvest, provided that the potential for increased residues of the formulation’s ac-
tive ingredient(s) in or on food commodities has been assessed.

* * * * * * *

[FR Doc. 2015–25589 Filed 10–8–15; 8:45 a.m.] ADDRESSES: The full text of the Omnibus 4. The Commission strengthened the
BILLING CODE 6560–50–P Order is available at https:// core protections of the TCPA by
www.fcc.gov/document/tcpa-omnibus- confirming that:
declaratory-ruling-and-order. Æ Callers cannot avoid obtaining
consumer consent for a robocall simply
FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT:
because they are not ‘‘currently’’ or
COMMISSION Kristi Lemoine, Consumer Policy
‘‘presently’’ dialing random or
Division, Consumer and Governmental
sequential phone numbers;
47 CFR Part 64 Affairs Bureau, Federal
Æ Simply being on an acquaintance’s
Communications Commission, 445 12th
phone contact list does not amount to
[CG Docket No. 02–278; WC Docket No. Street SW., Washington, DC 20554.
consent to receive robocalls from third-
07–35; FCC 15–72] (202) 418–2467. party applications downloaded by the
SUPPLEMENTARY INFORMATION: acquaintance;
Rules and Regulations Implementing
the Telephone Consumer Protection 1. The Omnibus Order denied one Æ Callers are liable for robocalls to
Act of 1991; et al. petition for rulemaking and dismisses reassigned wireless numbers when the
another petition for rulemaking as both current subscriber to or customary user
AGENCY: Federal Communications requests were subsumed in the of the number has not consented,
Commission. declaratory ruling portion of that subject to a limited, one-call exception
ACTION: Petitions for Rulemaking, denial document. The Omnibus Order also for cases in which the caller does not
and dismissal; declaratory ruling; time- addressed a number of requests for have actual or constructive knowledge
limited waivers; exemptions. clarification or other relief. of the reassignment;
Æ Internet-to-phone text messages
SUMMARY: The Commission affirms and 2. Petitions for Rulemaking. The require consumer consent; and
further clarifies the requirements of the Professional Association for Customer Æ Text messages are ‘‘calls’’ subject to
Telephone Consumer Protection Act Engagement (PACE) filed a Petition for the TCPA, as previously determined by
(TCPA), focusing on consumers’ rights Expedited Declaratory Ruling and/or the Commission.
to stop unwanted robocalls, including Expedited Rulemaking, and ACA Æ The Commission also empowered
both voice calls and text messages. The International filed a Petition for consumers to stop unwanted calls by
Commission acted in an Omnibus Rulemaking. PACE’s petition was confirming that:
Declaratory Ruling and Order (Omnibus addressed on its merits as a Petition for Æ Consumers may revoke consent at
Order) in response to 21 petitions for Declaratory Ruling and its Petition for any time and through any reasonable
rulemaking, clarification, or other action Expedited Rulemaking was therefore means; and
regarding the TCPA or the dismissed. In the Omnibus Order the Æ Nothing in the Communications
Commission’s rules and orders. In Commission provided clarification Act or the Commission’s implementing
addition to denying one petition for regarding the issues raised by ACA and rules prohibits carriers or Voice over
rulemaking and dismissing another therefore its petition was denied. Internet Protocol providers from
petition for rulemaking, the Omnibus 3. Requests for Clarification or Other implementing consumer-initiated call-
Order took a number of actions, Action. The Omnibus Order also blocking technology that can help
including clarifying when certain addressed separate requests for consumers stop unwanted robocalls.
rmajette on DSK7SPTVN1PROD with RULES

conduct violates the TCPA and clarification or other action regarding 5. Finally, the Commission recognized
providing guidance intended to assist the TCPA or the Commission’s rules and the legitimate interests of callers by:
callers in avoiding violations and orders implementing the TCPA. The full Æ Clarifying that application
consequent litigation. text of the Omnibus Order is available providers that play a minimal role in
DATES: The Omnibus Order was issued at https://www.fcc.gov/document/tcpa- sending text messages are not per se
on July 10, 2015. omnibus-declaratory-ruling-and-order. liable for unwanted robocalls;

VerDate Sep<11>2014 15:01 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\09OCR1.SGM 09OCR1

$61130 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations Æ Clarifying that when collect-call time to allow them to obtain updated to mitigate litigation through services provide consumers with consent; compliance and dispose of litigation valuable call set-up information, those Æ Exempting certain free, pro- quickly where they have complied. providers are not liable for making consumer financial- and healthcare- Federal Communications Commission. unwanted robocalls; related messages from the consumer- Æ Clarifying that ‘‘on demand’’ text consent requirement, subject to strict Marlene H. Dortch, messages sent in response to a consumer conditions and limitations to protect Secretary. request are not subject to TCPA liability; consumer privacy; and [FR Doc. 2015–25682 Filed 10–8–15; 8:45 am] Æ Waiving the Commission’s 2012 Æ Providing and reiterating guidance BILLING CODE 6712–01–P ‘‘prior express written consent’’ rule for regarding the TCPA and the certain parties for a limited period of Commission’s rules, empowering callers rmajette on DSK7SPTVN1PROD with RULES VerDate Sep<11>2014 15:01 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 E:\FR\FM\09OCR1.SGM 09OCR1$

Document Created: 2015-12-15 08:33:28
Document Modified: 2015-12-15 08:33:28

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Petitions for Rulemaking, denial and dismissal; declaratory ruling; time-limited waivers; exemptions.
Dates		The Omnibus Order was issued on July 10, 2015.
Contact		Kristi Lemoine, Consumer Policy Division, Consumer and Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. (202) 418-2467.
FR Citation		80 FR 61129