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TCPA Tracker – February 2022 | Kelley Drye & Warren LLP

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FCC Chairwoman Rosenworcel Circulates Order to Classify Ringless Voicemail Messages as Calls Under the TCPA

On February 2, 2022, FCC Chairwoman Rosenworcel announced that she has presented to her fellow Commissioners an order that will declare that technology that leaves “ringless” voicemails on consumer cell phones is subject to FCC robocalling restrictions.  The order is described as ruling that ringless voicemails are calls under the TCPA and thus require prior express consent when sent to cellular telephone numbers.  The Chairwoman’s proposal will be voted upon by the Commissioners “on circulation,” which does not establish an immediate deadline for FCC action.  Unlike orders under consideration at Open Meetings, the text of a circulation item is not publicly released.

The Commission has received three petitions for declaratory ruling regarding ringless voicemail technologies, all three of which were withdrawn by the petitioners after comments were filed.  The FCC News Release states that the FCC will rule upon All About the Message’s 2017 Petition for Declaratory Ruling regarding ringless voicemails.  All About the Message withdrew that petition on June 20, 2017.

Consumer Groups Seek to Exclude “Scam” Calls and Texts from TCPA Consent Exemptions

On January 26, 2022, the National Consumer Law Center, Consumer Action, Consumer Federation of America, Consumer Reports, Electronic Privacy Information Center, National Association of…

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