FCC publishes rule on robo-calls, includes debt collectors

[pipeguy]

It's kind of dry, but the debt collection trade is not happy ....

https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order

TCPA Omnibus Declaratory Ruling and Order | FCC.gov 

From the ruling (it's much longer)

Month after month, unwanted robocalls and texts,1 both telemarketing and informational,
top the list of consumer complaints received by the Commission. The Telephone Consumer Protection
Act (TCPA)2 and our rules empower consumers to decide which robocalls and text messages3 they
receive, with heightened protection to wireless consumers, for whom robocalls can be costly and
particularly intrusive. Beyond protecting consumers, federal law and our rules protect Public Safety
Answering Points (PSAPs)4 from robocalls that can tie up critical first responder resources.5 With this
Declaratory Ruling and Order, we act to preserve consumers’ rights to stop unwanted robocalls, including
both voice calls and texts, and thus respond to the many who have let us, other federal agencies, and states
know about their frustration with robocalls.

[pipeguy]

More info from the ruling:

FCC 15-72

Strengthen the core protections of the TCPA by confirming that:
 

Callers cannot avoid obtaining consumer consent for a robocall simply because they are not “currently” or “presently” dialing random or sequential phone numbers;
 

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;
 

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;

Internet-to-phone text messages require consumer consent; and
 

Text messages are “calls” subject to the TCPA, as previously determined by the Commission. Empower consumers to stop unwanted calls by confirming that:
 

Consumers may revoke consent at any time and through any reasonable means; and
 

Nothing in the Communications Act or our implementing rules prohibits carriers or Voice over Internet Protocol (VoIP) providers from implementing consumer-initiated call-blocking technology that can help consumers stop unwanted robocalls. Recognize the legitimate interests of callers by:
 

Clarifying that application providers that play a minimal role in sending text messages are not per se liable for unwanted robocalls;
 

Clarifying that when collect-call services provide consumers with valuable call set-up information, those providers are not liable for making unwanted robocalls;
 

Clarifying that “on demand” text messages sent in response to a consumer request are not subject to TCPA liability;

Waiving our 2012 “prior express written consent” rule for certain parties for a limited period of time to allow them to obtain updated consent; and

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.

Providing and reiterating guidance regarding the TCPA and our rules, empowering callers to mitigate litigation through compliance and dispose of litigation quickly where they have complied.

[pizza1]

Thanks for the info Pipe! I would imagine they aren't happy, but seriously, I think if debt collection was gone about a little differently, and not so shady, and threatening....I think a lot of people wouldn't mind paying their debts!

[Existentialist]

Dry perhaps... but timely & relevant. Thanx for posting.