Reminder: TCPA Regulations Impacting Autodialers Come into Effect July 20, 2023

As a reminder, on July 20, 2023, the following revisions, among others, will come into effect regarding the TCPA. One of the essential changes to the TCPA regulations is that residential telephone subscribers will now have the option to “opt out” of artificial and prerecorded voice calls made under these exemptions. A subscriber may either dial a telephone number, which must be provided in the artificial or prerecorded voice message, to register their Do Not Call (DNC) request in response to that call; or callers must also provide an automated, interactive voice- and/or key press-activated opt-out mechanism during the call, enabling the called person to make a DNC request.

On January 23, 2023, the Federal Communications Commission (FCC) had issued a Public Notice regarding new changes to the Telephone Consumer Protection Act (TCPA). Come July 20, 2023, these new changes to the TCPA will take effect, specifically impacting unsolicited informational robocalls to landlines. However, live, even autodialed, calls to landlines will not be subject to these requirements. Additionally, informational non-autodialed live calls or texts to cell phones will not be subject to these new requirements.

The FCC has now imposed limits on the number of exempted political and non-commercial calls without consent that can be made to residential land lines. Specifically, a maximum of three artificial or prerecorded voice calls will be allowed within any consecutive 30-day period.

Organizations relying on this limited exemption will also be required to comply with entity-specific DNC rules, which generally entail maintaining a written DNC policy that is readily available upon request, as well as providing relevant personnel with proper training on handling DNC requests.

As the July 20, 2023 effective date approaches, businesses and organizations that utilize these calls must ensure they are compliant with the amended rules to avoid potential legal repercussions.

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