Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; et al., 61129-61130 [2015-25682]

Download as PDF 61129 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations Dated: September 14, 2015. G. Jeffery Herndon, Acting Director, Registration Division, Office of Pesticide Programs. Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Therefore, 40 CFR chapter I is amended as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.920, add alphabetically the inert ingredient ‘‘Dimethyl Sulfoxide (CAS No. 67–68–5)’’ to the table to read as follows: ■ PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: § 180.920 Inert ingredients used preharvest; exemptions from the requirement of a tolerance. * ■ Inert ingredients * * * Limits Uses * * * * * * Dimethyl Sulfoxide (CAS No. For pesticide formulations used before crop emerges from soil or prior to formation of 67–68–5). edible parts of food plants; for pesticide formulations used after crop emerges but before harvest, provided that the potential for increased residues of the formulation’s active ingredient(s) in or on food commodities has been assessed. * * * FOR FURTHER INFORMATION CONTACT: FEDERAL COMMUNICATIONS COMMISSION Kristi Lemoine, Consumer Policy Division, Consumer and Governmental Affairs Bureau, Federal Communications Commission, 445 12th Street SW., Washington, DC 20554. (202) 418–2467. 47 CFR Part 64 [CG Docket No. 02–278; WC Docket No. 07–35; FCC 15–72] Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991; et al. Federal Communications Commission. ACTION: Petitions for Rulemaking, denial and dismissal; declaratory ruling; timelimited waivers; exemptions. AGENCY: The Commission affirms and further clarifies the requirements of the Telephone Consumer Protection Act (TCPA), focusing on consumers’ rights to stop unwanted robocalls, including both voice calls and text messages. The Commission acted in an Omnibus Declaratory Ruling and Order (Omnibus Order) in response to 21 petitions for rulemaking, clarification, or other action regarding the TCPA or the Commission’s rules and orders. In addition to denying one petition for rulemaking and dismissing another petition for rulemaking, the Omnibus Order took a number of actions, including clarifying when certain conduct violates the TCPA and providing guidance intended to assist callers in avoiding violations and consequent litigation. DATES: The Omnibus Order was issued on July 10, 2015. rmajette on DSK7SPTVN1PROD with RULES VerDate Sep<11>2014 15:01 Oct 08, 2015 Jkt 238001 * The full text of the Omnibus Order is available at https:// www.fcc.gov/document/tcpa-omnibusdeclaratory-ruling-and-order. BILLING CODE 6560–50–P SUMMARY: * ADDRESSES: [FR Doc. 2015–25589 Filed 10–8–15; 8:45 a.m.] SUPPLEMENTARY INFORMATION: 1. The Omnibus Order denied one petition for rulemaking and dismisses another petition for rulemaking as both requests were subsumed in the declaratory ruling portion of that document. The Omnibus Order also addressed a number of requests for clarification or other relief. 2. Petitions for Rulemaking. The Professional Association for Customer Engagement (PACE) filed a Petition for Expedited Declaratory Ruling and/or Expedited Rulemaking, and ACA International filed a Petition for Rulemaking. PACE’s petition was addressed on its merits as a Petition for Declaratory Ruling and its Petition for Expedited Rulemaking was therefore dismissed. In the Omnibus Order the Commission provided clarification regarding the issues raised by ACA and therefore its petition was denied. 3. Requests for Clarification or Other Action. The Omnibus Order also addressed separate requests for clarification or other action regarding the TCPA or the Commission’s rules and orders implementing the TCPA. The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpaomnibus-declaratory-ruling-and-order. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 * * * Solvent or co-solvent. * 4. The Commission strengthened the core protections of the TCPA by confirming that: Æ Callers cannot avoid obtaining consumer consent for a robocall simply because they are not ‘‘currently’’ or ‘‘presently’’ dialing random or sequential phone numbers; Æ Simply being on an acquaintance’s phone contact list does not amount to consent to receive robocalls from thirdparty applications downloaded by the acquaintance; Æ Callers are liable for robocalls to reassigned wireless numbers when the current subscriber to or customary user of the number has not consented, subject to a limited, one-call exception for cases in which the caller does not have actual or constructive knowledge of the reassignment; Æ Internet-to-phone text messages require consumer consent; and Æ Text messages are ‘‘calls’’ subject to the TCPA, as previously determined by the Commission. Æ The Commission also empowered consumers to stop unwanted calls by confirming that: Æ Consumers may revoke consent at any time and through any reasonable means; and Æ Nothing in the Communications Act or the Commission’s implementing rules prohibits carriers or Voice over Internet Protocol providers from implementing consumer-initiated callblocking technology that can help consumers stop unwanted robocalls. 5. Finally, the Commission recognized the legitimate interests of callers by: Æ Clarifying that application providers that play a minimal role in sending text messages are not per se liable for unwanted robocalls; E:\FR\FM\09OCR1.SGM 09OCR1 61130 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations rmajette on DSK7SPTVN1PROD with RULES Æ Clarifying that when collect-call services provide consumers with valuable call set-up information, those providers are not liable for making unwanted robocalls; Æ Clarifying that ‘‘on demand’’ text messages sent in response to a consumer request are not subject to TCPA liability; Æ Waiving the Commission’s 2012 ‘‘prior express written consent’’ rule for certain parties for a limited period of VerDate Sep<11>2014 15:01 Oct 08, 2015 Jkt 238001 time to allow them to obtain updated consent; Æ Exempting certain free, proconsumer financial- and healthcarerelated messages from the consumerconsent requirement, subject to strict conditions and limitations to protect consumer privacy; and Æ Providing and reiterating guidance regarding the TCPA and the Commission’s rules, empowering callers PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 to mitigate litigation through compliance and dispose of litigation quickly where they have complied. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2015–25682 Filed 10–8–15; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\09OCR1.SGM 09OCR1

Agencies

FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61129-61130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25682]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; WC Docket No. 07-35; FCC 15-72]


Rules and Regulations Implementing the Telephone Consumer 
Protection Act of 1991; et al.

AGENCY: Federal Communications Commission.

ACTION: Petitions for Rulemaking, denial and dismissal; declaratory 
ruling; time-limited waivers; exemptions.

-----------------------------------------------------------------------

SUMMARY: The Commission affirms and further clarifies the requirements 
of the Telephone Consumer Protection Act (TCPA), focusing on consumers' 
rights to stop unwanted robocalls, including both voice calls and text 
messages. The Commission acted in an Omnibus Declaratory Ruling and 
Order (Omnibus Order) in response to 21 petitions for rulemaking, 
clarification, or other action regarding the TCPA or the Commission's 
rules and orders. In addition to denying one petition for rulemaking 
and dismissing another petition for rulemaking, the Omnibus Order took 
a number of actions, including clarifying when certain conduct violates 
the TCPA and providing guidance intended to assist callers in avoiding 
violations and consequent litigation.

DATES: The Omnibus Order was issued on July 10, 2015.

ADDRESSES: The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.

FOR FURTHER INFORMATION CONTACT: Kristi Lemoine, Consumer Policy 
Division, Consumer and Governmental Affairs Bureau, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554. 
(202) 418-2467.

SUPPLEMENTARY INFORMATION: 
    1. The Omnibus Order denied one petition for rulemaking and 
dismisses another petition for rulemaking as both requests were 
subsumed in the declaratory ruling portion of that document. The 
Omnibus Order also addressed a number of requests for clarification or 
other relief.
    2. Petitions for Rulemaking. The Professional Association for 
Customer Engagement (PACE) filed a Petition for Expedited Declaratory 
Ruling and/or Expedited Rulemaking, and ACA International filed a 
Petition for Rulemaking. PACE's petition was addressed on its merits as 
a Petition for Declaratory Ruling and its Petition for Expedited 
Rulemaking was therefore dismissed. In the Omnibus Order the Commission 
provided clarification regarding the issues raised by ACA and therefore 
its petition was denied.
    3. Requests for Clarification or Other Action. The Omnibus Order 
also addressed separate requests for clarification or other action 
regarding the TCPA or the Commission's rules and orders implementing 
the TCPA. The full text of the Omnibus Order is available at https://www.fcc.gov/document/tcpa-omnibus-declaratory-ruling-and-order.
    4. The Commission strengthened the core protections of the TCPA by 
confirming that:
    [cir] Callers cannot avoid obtaining consumer consent for a 
robocall simply because they are not ``currently'' or ``presently'' 
dialing random or sequential phone numbers;
    [cir] Simply being on an acquaintance's phone contact list does not 
amount to consent to receive robocalls from third-party applications 
downloaded by the acquaintance;
    [cir] Callers are liable for robocalls to reassigned wireless 
numbers when the current subscriber to or customary user of the number 
has not consented, subject to a limited, one-call exception for cases 
in which the caller does not have actual or constructive knowledge of 
the reassignment;
    [cir] Internet-to-phone text messages require consumer consent; and
    [cir] Text messages are ``calls'' subject to the TCPA, as 
previously determined by the Commission.
    [cir] The Commission also empowered consumers to stop unwanted 
calls by confirming that:
    [cir] Consumers may revoke consent at any time and through any 
reasonable means; and
    [cir] Nothing in the Communications Act or the Commission's 
implementing rules prohibits carriers or Voice over Internet Protocol 
providers from implementing consumer-initiated call-blocking technology 
that can help consumers stop unwanted robocalls.
    5. Finally, the Commission recognized the legitimate interests of 
callers by:
    [cir] Clarifying that application providers that play a minimal 
role in sending text messages are not per se liable for unwanted 
robocalls;

[[Page 61130]]

    [cir] Clarifying that when collect-call services provide consumers 
with valuable call set-up information, those providers are not liable 
for making unwanted robocalls;
    [cir] Clarifying that ``on demand'' text messages sent in response 
to a consumer request are not subject to TCPA liability;
    [cir] Waiving the Commission's 2012 ``prior express written 
consent'' rule for certain parties for a limited period of time to 
allow them to obtain updated consent;
    [cir] Exempting certain free, pro-consumer financial- and 
healthcare-related messages from the consumer-consent requirement, 
subject to strict conditions and limitations to protect consumer 
privacy; and
    [cir] Providing and reiterating guidance regarding the TCPA and the 
Commission's rules, empowering callers to mitigate litigation through 
compliance and dispose of litigation quickly where they have complied.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-25682 Filed 10-8-15; 8:45 am]
 BILLING CODE 6712-01-P

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