EPIC, Coalition to FCC: Prerecorded Scam Calls and Automated Scam Texts Not Exempt from TCPA Consent Requirements

January 26, 2022

EPIC, along with National Consumer Law Center (NCLC), Consumer Action, Consumer Federation of America, Consumer Reports, National Association of Consumer Advocates, National Consumers League, Public Citizen, Public Knowledge, and U.S. Public Interest Research Group, submitted a letter to the Federal Communications Commission (FCC) urging the agency to clarify that prerecorded scam calls and automated scam texts are not exempt from the consent requirements of the Telephone Consumer Protection Act (TCPA) nor from the Commission’s regulations (e.g. 47 C.F.R. § 64.1200(a)(9)). The FCC issued an order in December 2020 that limited how many non-telemarketing calls can be made to a residence without consent and also established exemptions for calls or texts to cellphones (e.g. package delivery alerts, calls from financial institutions regarding suspected fraud or data breaches, etc.). In their letter the coalition of advocates recommended that the Commission articulate explicitly that prerecorded scam calls and automated scam texts do not fall within any exemption.

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