In a significant move applauded by consumer advocacy groups, the Federal Communications Commission (FCC) has voted decisively to reinforce regulations on telemarketing calls. Advocates from the National Consumer Law Center, Public Knowledge, and the Electronic Privacy Information Center (EPIC) commend the FCC for taking a stand against the misuse of consumer consent by lead generators.
Margot Saunders, senior counsel at the National Consumer Law Center, stated, “By issuing this final rule, the FCC has chosen to protect U.S. telephone subscribers rather than lead generators who are largely at fault for the billion-plus monthly telemarketing calls.” The FCC’s decision aims to curtail the practices of lead generators and sellers responsible for inundating consumers with unwanted calls.
The new rule clarifies the existing law, emphasizing that every prerecorded call and autodialed text containing telemarketing is illegal unless the recipient has provided prior express written agreement explicitly authorizing calls from that seller. Chris Frascella, an attorney with the Electronic Privacy Information Center, emphasized, “Once in force, this clarification should eliminate the great majority of unwanted, and unconsented to, telemarketing calls and texts.”
Consumer protection advocates argue that this move aligns with the original intent of the Telephone Consumer Protection Act (TCPA). By a 4 to 1 vote, the FCC opted to implement the protections envisioned by Congress when passing the TCPA. The goal is not only to reduce the annoyance of telemarketing messages but also to facilitate the identification and blocking of scam calls, which can often be disguised within high volumes of telemarketing call traffic.
Nicholas P. Garcia, policy counsel at Public Knowledge, commented, “These rules are a real win for anyone who hates dealing with spam and scams, and that’s pretty much everyone.” The FCC’s decision received support from various groups, including Appleseed, Consumer Action, Consumer Federation of America, National Association of Consumer Advocates, and 28 state Attorneys General, among others.
This FCC ruling is anticipated to bring relief to consumers frustrated by the surge in unwanted telemarketing calls and texts, marking a significant step in protecting the privacy and peace of U.S. telephone subscribers.
