FCC Strengthens Consumer Protections Against Unwanted Calls and Texts

The Federal Communications Commission adopted a proposal to protect consumers against unwanted robocalls and spam texts. In a package of declaratory rulings, the FCC affirmed consumers' rights to control the calls they receive. As part of this package, the FCC also made clear that telephone companies face no legal barriers to allowing consumers to choose to use robocall-blocking technology. Highlights for consumers who use either landline or wireless phones include:

• Green Light for 'Do Not Disturb' Technology -- Service providers can offer robocall-blocking technologies to consumers and implement market-based solutions that consumers can use to stop unwanted robocalls.
• Empowering Consumers to Say 'Stop' -- Consumers have the right t o revoke their consent to receive robocalls and robotexts in any reasonable way at any time.
• Reassigned Numbers Aren't Loopholes -- If a phone number has been reassigned, companies must stop calling the number after one call.
• Third-Party Consent -- A consumer whose name is in the contacts list of an acquaintance's phone does not consent to receive robocalls from third-party applications downloaded by the acquaintance.

Highlights for wireless consumers include:

• Affirming the Law's Definition of Autodialier -- "Autodialer" is defined in the Act as any technology with the capacity to dial random or sequential numbers.
• Text Messages as Calls -- FCC reaffirmed that consumers are entitled to the same consent-based protections for texts as they are for voice calls to wireless numbers.
• Internet-to-Phone Text Messages -- Equipment used to send Internet-to-phone text messages is an authodialer, so the caller must have consumer consent before calling
• Very Limited and Specific Exemptions for Urgent Circumstances.

June 18th's actions makes no changes to the Do-Not-Call Registry, which restricts unwanted telemarketing calls, but are intended to build on the Registry's effectiveness by closing loopholes and ensuring that consumers are fully protected from unwanted calls, including those not covered by the Registry.