Exemptions Implemented Under the Telephone Consumer Protection Act of 1991, 64091-64096 [2020-22331]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Proposed Rules]
[Pages 64091-64096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22331]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 64

[CG Docket No. 02-278; FCC 20-140; FRS 17118]


Exemptions Implemented Under the Telephone Consumer Protection 
Act of 1991

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes measures to 
implement section 8 of the Pallone-Thune Telephone Robocall Abuse 
Criminal Enforcement and Deterrence Act (TRACED Act) and seeks comment 
on how to best implement it. As directed by the TRACED Act, the 
Commission seeks to ensure that any exemption the Commission has 
granted under the Telephone Consumer Protection Act (TCPA) for calls to 
residential lines or for calls to wireless numbers includes 
requirements with respect to the classes of parties that may make such 
calls; the classes of parties that may be called; and the number of 
such calls that may be made to a particular called party. The 
Commission also seeks comment on any conditions that are necessary to 
ensure that the existing exemptions for calls made to residential 
telephone lines satisfy section 8 of the TRACED Act and proposes to 
allow residential consumers to opt out of any calls made pursuant to an 
exemption.

DATES: Comments are due on or before October 26, 2020, and reply 
comments are due on or before November 3, 2020.

ADDRESSES: You may submit comments, identified by CG Docket No. 02-278, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9050 Junction Drive, 
Annapolis Junction, MD 20701.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
     Effective March 19, 2020, and until further notice, the 
Commission no longer accepts any hand or messenger delivered filings. 
This is a temporary measure taken to help protect the health and safety 
of individuals, and to mitigate the transmission of COVID-19. See FCC 
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public

[[Page 64092]]

Notice, DA 20-304 (March 19, 2020), https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.

FOR FURTHER INFORMATION CONTACT: Richard D. Smith of the Consumer and 
Governmental Affairs Bureau at (717) 338-2797 or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's notice 
of proposed rulemaking (NPRM), in CG Docket No. 02-278, FCC 20-140, 
adopted and released on October 1, 2020. The full text of document is 
available for public inspection and copying via the Commission's 
Electronic Comment Filing System (ECFS). To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer and Governmental Affairs Bureau at 202-418-0530 
(voice).
    This matter shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200 through 1.1216. Persons making oral ex parte presentations are 
reminded that memoranda summarizing the presentations must contain 
summaries of the substances of the presentations and not merely a 
listing of the subjects discussed. More than a one or two sentence 
description of the views and arguments presented is generally required. 
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex 
parte presentations in permit-but-disclose proceedings are set forth in 
Sec.  1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).

Initial Paperwork Reduction Act of 1995 Analysis

    The NPRM seeks comment on proposed rule amendments that may result 
in modified information collection requirements. If the Commission 
adopts any modified information collection requirements, the Commission 
will publish a notice in the Federal Register inviting the public to 
comment on the requirements, as required by the Paperwork Reduction 
Act. Public Law 104-13; 44 U.S.C. 3501-3520. In addition, pursuant to 
the Small Business Paperwork Relief Act of 2002, the Commission seeks 
comment on how it might further reduce the information collection 
burden for small business concerns with fewer than 25 employees. Public 
Law 107-198; 44 U.S.C. 3506(c)(4).

Synopsis

    1. In this notice of proposed rulemaking (NPRM), the Commission, to 
comply with the TRACED Act, seeks comment on the need to amend 
exemptions the Commission has previously carved out. Those exemptions 
are: (1) Non-commercial calls to a residence; (2) commercial calls to a 
residence that do not constitute telemarketing; (3) tax-exempt 
nonprofit organization calls to a residence; (4) Health Insurance 
Portability and Accountability Act of 1996 (HIPAA)-related calls to a 
residence; (5) package delivery-related calls to a wireless number; (6) 
financial institution calls to a wireless number; (7) healthcare-
related calls to a wireless number; (8) inmate calling service calls to 
a wireless number; and (9) cellular carrier calls to their own 
subscribers. The Commission seeks comment on these and any other issues 
that may allow it to implement section 8 of the TRACED Act. The 
Commission proposes to codify in the Commission's rules all existing 
exemptions under 47 U.S.C. 227(b)(2)(C).

A. Non-Commercial Calls to a Residential Line

    2. The Commission has exempted calls ``not made for a commercial 
purpose'' from the prohibition on artificial or prerecorded-voice 
messages to residential telephone lines. See 47 CFR 64.1200(a)(3)(ii). 
The Commission seeks comment on how to amend this rule as needed. 
Because this exemption is predicated on calls not being made for a 
commercial purpose, the Commission proposes to deem these classes of 
parties as ``informational callers'' that do not have a commercial 
purpose. Is this limitation sufficient to protect both callers availing 
themselves of the exemption as well as consumers receiving calls from 
such organizations? To implement section 8's directive to adopt 
requirements with respect to the number of calls that may be made to a 
particular party, the Commission seeks comment on whether to adopt a 
numerical limit on the number of calls that may be made to a called 
party under this exemption or whether to specify in the rules that a 
calling party shall not be limited in terms of the number of calls it 
makes under the exemption. If the Commission adopts a limit, should it 
be an overall limit or a limit on the number of calls that may be made 
to a called party each week or month? Additionally, the Commission 
proposes to prohibit additional calls under this exemption after a 
called party has made an opt-out request to the calling party.
    3. The Commission seeks comment on the potential burdens that these 
opt-out requirements could impose on those entities that make calls 
under this exemption, including ways to minimize any such burdens. How 
long would it take to implement the requirements in Sec.  64.1200(d) of 
the Commission's rules for those calls made pursuant to an exemption 
under 47 U.S.C. 227(b)(2)(B)? Would the time necessary for entities to 
honor opt-out requests vary according to the size of the calling 
entity? Are there ways to mitigate any such burdens on smaller 
entities? The Commission also seeks comment on the extent to which 
entities that make such artificial or prerecorded-voice calls for a 
non-commercial purpose may already offer, on a voluntary basis, an opt-
out mechanism for those subscribers who request that they no longer be 
called.

B. Commercial Calls to a Residential Line That Do Not Constitute 
Telemarketing

    4. The Commission has exempted calls made for a commercial purpose 
but that do not include or introduce an advertisement or constitute 
telemarketing from the prohibition on using an artificial or 
prerecorded-voice message to residential telephone lines. See 47 CFR 
64.1200(a)(3)(iii). The Commission seeks comment on how to amend this 
rule as needed. Because this exemption is predicated on calls not 
including an advertisement or constituting telemarketing, the 
Commission proposes to deem these classes of parties as ``informational 
callers'' to the extent they are only providing information or 
``transactional callers'' that are calling to complete or confirm a 
commercial transaction with the called party. Is this limitation 
sufficient to protect both callers availing themselves of the exemption 
as well as consumers receiving calls from such organizations? To 
implement section 8's directive to adopt requirements with respect to 
the number of such calls that may be made to a particular called party, 
the Commission seeks comment on whether to adopt a numerical limit on 
the number of calls that may be made to a called party under this 
exemption, or whether to specify in the rules that a calling party 
shall not be limited in terms of the number of calls it makes under the 
exemption. If the Commission adopts a limit, should it be an overall 
limit or instead a limit on the number of calls that may be made to a 
called party each week or month? Additionally, the Commission proposes 
to prohibit additional calls under this exemption after a called party 
has made an opt-out request to the calling party.

[[Page 64093]]

C. Tax-Exempt Nonprofit Organization Calls to a Residential Line

    5. The Commission has exempted calls made by or on behalf of a tax-
exempt nonprofit organization from the prohibition on using an 
artificial or prerecorded voice to deliver a message to a residential 
telephone line. See 47 CFR 64.1200(a)(3)(iv). The Commission seeks 
comment on how to amend this rule as needed. To implement section 8's 
directive to adopt requirements with respect to the number of such 
calls that may be made to a particular called party, the Commission 
seeks comment on whether to adopt a numerical limit on the number of 
calls that may be made to a called party under this exemption, or 
whether to specify in the rules that a calling party shall not be 
limited in terms of the number of calls it makes under the exemption. 
If the Commission adopts a limit, should it be an overall limit or 
instead a limit on the number of calls that may be made to a called 
party each week or month? Additionally, the Commission proposes to 
prohibit additional calls under this exemption after a called party has 
made an opt-out request to the calling party.

D. HIPAA Calls to a Residential Line

    6. The Commission has exempted HIPAA-related calls that deliver a 
healthcare message from the prohibition on using an artificial or 
prerecorded voice to deliver a message to residential telephone lines. 
See 47 CFR 64.1200(a)(3)(v). The Commission seeks comment on how to 
amend this rule as needed. To implement section 8's directive to adopt 
requirements with respect to the number of such calls that may be made 
to a particular called party, the Commission seeks comment on whether 
to adopt a numerical limit on the number of calls that may be made to a 
called party under this exemption, or whether to specify in the rules 
that a calling party shall not be limited in terms of the number of 
calls it makes under the exemption. If the Commission adopts a limit, 
should it be an overall limit or instead a limit on the number of calls 
that may be made to a called party each week or month? Additionally, 
the Commission proposes to prohibit additional calls under this 
exemption after a called party has made an opt-out request to the 
calling party.

E. Package Delivery Calls to a Wireless Number

    7. The Commission has exempted package delivery calls to wireless 
consumers subject to several conditions. See Cargo Airline Association 
Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, Order, 
published at 80 FR 15688, March 25, 2015. These conditions appear to 
satisfy section 8 of the TRACED Act. Among other things, these 
conditions limit the class of calling parties (package delivery 
companies), the class of called parties (package recipients), and the 
number of calls (one notification for each package, with one additional 
notification for up to two follow-up attempts to obtain a recipient's 
signature if a signature is needed for delivery). The Commission seeks 
comment on these views and whether the exemption remains in the public 
interest. The Commission also seeks comment on how to amend this 
exemption to the extent needed to comply with section 8 of the TRACED 
Act.

F. Financial Institution Calls to a Wireless Number

    8. The Commission has exempted calls made by financial institutions 
subject to certain conditions. See Rules and Regulations Implementing 
the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, WC 
Docket No. 07-135, Declaratory Ruling and Order, published at 80 FR 
61129, October 9, 2015. These conditions appear to satisfy section 8 of 
the TRACED Act. The exemption's conditions include limitations on the 
class of calling parties (financial institutions), the class of called 
parties (customers of the financial institution), and the number of 
calls (no more than three calls per event over a three-day period for 
each affected account). The Commission seeks comment on these views and 
whether the exemption remains in the public interest. The Commission 
also seeks comment on how to amend this exemption to the extent needed 
to comply with section 8 of the TRACED Act.

G. Healthcare Provider Calls to a Wireless Number

    9. The Commission has exempted healthcare provider calls subject to 
several conditions. See Rules and Regulations Implementing the 
Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, WC 
Docket No. 07-135, Declaratory Ruling and Order, published at 80 FR 
61129, October 9, 2015. These conditions appear to satisfy section 8 of 
the TRACED Act. They limit the class of calling parties (by or on 
behalf of a ``covered entity'' or its ``business associate'' as defined 
by HIPAA), the class of called parties (patients), and the number of 
calls (one message/call per day, up to a maximum of three voice calls 
or text messages combined per week). The Commission seeks comment on 
these views and whether the exemption remains in the public interest. 
The Commission also seeks comment on how to amend this exemption to the 
extent needed to comply with section 8 of the TRACED Act.

H. Inmate Calling Service Calls to a Wireless Number

    10. The Commission has exempted calls from inmate phone service 
providers subject to several conditions. See Rules and Regulations 
Implementing the Telephone Consumer Protection Act of 1991, CG Docket 
No. 02-278, WC Docket No. 07-135, Declaratory Ruling and Order, 
published at 80 FR 61129, October 9, 2015. These conditions appear to 
satisfy section 8 of the TRACED Act. They limit the class of calling 
parties (inmate collect call service providers), the class of called 
parties (wireless subscribers with whom the service provider needs to 
establish a billing arrangement for future inmate collect calls), and 
the number of calls (no more than three notifications following an 
unsuccessful collect call). The Commission seeks comment on these views 
and whether the exemption remains in the public interest. The 
Commission also seeks comment on how to amend this exemption to the 
extent needed to comply with section 8 of the TRACED Act.

I. Cellular Carrier Calls to Subscribers

    11. In 1992, the Commission concluded that cellular carriers need 
not obtain additional consent from their subscribers prior to 
initiating autodialed or artificial or prerecorded-voice calls for 
which the cellular subscriber is not charged because such calls are not 
prohibited by 47 U.S.C. 227(b)(1)(A)(iii). This ruling limited the 
class of calling parties (cellular carrier) and the class of called 
parties (the cellular carrier's own subscriber), but it does not appear 
to limit the number of calls a calling party may make to a called party 
beyond not charging the subscriber for the call. The Commission seeks 
comment on how to amend this exemption as needed. To implement section 
8's directive to adopt requirements with respect to the number of such 
calls that may be made to a particular called party, the Commission 
seeks comment on whether to adopt a numerical limit on the number of 
calls that may be made to a called party under this exemption, or 
whether to specify in the rules that a calling party shall not be 
limited in terms of the number of calls it makes under the exemption. 
If the Commission

[[Page 64094]]

adopts a limit, should it be an overall limit or instead a limit on the 
number of calls that may be made to a called party each week or month? 
Additionally, the Commission proposes to prohibit additional calls 
under this exemption after a called party has made an opt-out request 
to the calling party.

Initial Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission has prepared the Initial Regulatory Flexibility 
Analysis (IRFA) of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in the NPRM. Written public comments are requested on the IRFA. 
Comments must be identified as responses to the IRFA and must be filed 
by the deadlines for comments on the NPRM provided.

A. Need for, and Objectives of, the Proposed Rules

    13. The TRACED Act directs the Commission, no later than December 
30, 2020, to ``prescribe such regulations or amend such existing 
regulations, as necessary to ensure that [any] such exemption [issued 
under 47 U.S.C. 227(b)(2)(B) or (C) of the TCPA] contains each 
requirement [listed in section 8(a) of the TRACED Act].'' Section 8(b) 
of the TRACED Act provides that ``[t]o the extent such an exemption 
contains such a requirement before such date of enactment, nothing in 
this section or the amendments made by this section shall be construed 
to require the Commission to prescribe or amend regulations relating to 
such requirement.''
    14. The NPRM seeks comment on whether to amend the exemptions the 
Commission has previously carved out to comply with the TRACED Act. 
Those exemptions are: (1) Non-commercial calls to a residence; (2) 
commercial calls to a residence that do not constitute telemarketing; 
(3) tax-exempt nonprofit organization calls to a residence; (4) HIPAA-
related calls to a residence; (5) package delivery-related calls to a 
wireless number; (6) financial institution calls to a wireless number; 
(7) healthcare-related calls to a wireless number; (8) inmate calling 
service calls to a wireless number; and (9) cellular carrier calls to 
their own subscribers. The NPRM seeks comment on these and any other 
issues that may allow the Commission to implement section 8 of the 
TRACED Act and the TCPA's objective in balancing individual privacy 
rights with legitimate communications and on ways to minimize any 
compliance burdens for both small and large entities that make calls 
pursuant to one of the exemptions in the law. The NPRM proposes to 
codify all existing exemptions granted under 47 U.S.C. 227(b)(2)(C).

B. Legal Basis

    15. The proposed rules are authorized under sections 4(i), 4(j), 
and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), 227, and section 8 of the Pallone-Thune Telephone 
Robocall Abuse Criminal Enforcement and Deterrence Act, Public Law 116-
105, 133 Stat. 3274.

C. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    16. The NPRM generally does not propose specific limits on any 
existing exemptions in the rules and thus contains no specific 
reporting or recordkeeping requirements. The NPRM does, however, seek 
comment on requiring entities making artificial or prerecorded-voice 
calls to residential numbers pursuant to any of the exemptions adopted 
under 47 U.S.C. 227(b)(2)(B) to allow consumers to opt out of any 
future calls. In such cases, a caller may need to record and track such 
opt-out requests in order to avoid making any additional calls to 
certain consumers. In such cases, a caller may need to record and track 
such opt-out requests in order to avoid making any additional calls to 
certain consumers.

D. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    17. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    18. The NPRM specifically seeks comment on the timing necessary for 
entities that currently take advantage of exemptions from the TCPA to 
implement any new limitations the Commission might adopt on such 
exemptions. The NPRM considers, for example, different timing schedules 
for small and large entities subject to the TCPA rules. Specifically, 
the NPRM asks about the time necessary for entities to honor opt-out 
requests and whether that will vary according to the size of the 
entity. Finally, the NPRM seeks comment on different options available 
to entities to ensure they are complying with consumers' desire not to 
be contacted. It asks whether a caller should simply be permitted to 
provide a telephone number for opting out or whether the caller should 
provide an automated voice-response mechanism during the call for doing 
so. The NPRM considers any compliance costs for small businesses if the 
proposed rules are adopted.
    19. The Commission expects to consider the economic impact on small 
entities, as identified in comments filed in response to the NPRM and 
this IRFA, in reaching its final conclusions and taking action in this 
proceeding.

E. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    20. None.

List of Subjects in 47 CFR Part 64

    Communications common carriers, Reporting and recordkeeping 
requirements, Telecommunications, Telephone.

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 64 as follows:

PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225, 
226, 227, 227b, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 
616, 620, 1401-1473, unless otherwise noted; Pub. L. 115-141, Div. 
P, sec. 503, 132 Stat. 348, 1091.

0
2. Amend Sec.  64.1200 by revising paragraph (a)(1)(iv), adding 
paragraph (a)(9), and revising paragraphs (b)(2) and (3) and (d) to 
read as follows:


Sec.  64.1200   Delivery restrictions.

    (a) * * *
    (1) * * *
    (iv) A person will not be liable for violating the prohibition in 
paragraph (a)(1)(iii) of this section when the call is placed to a 
wireless number that has been ported from wireline service and such 
call is a voice call; not knowingly made to a wireless number; and made 
within 15 days of the porting of the

[[Page 64095]]

number from wireline to wireless service, provided the number is not 
already on the national do-not-call registry or caller's company-
specific do-not-call list. A person will not be liable for violating 
the prohibition in paragraph (a)(1)(iii) of this section when making 
calls exempted by paragraph (a)(9) of this section.
* * * * *
    (9) A person will not be liable for violating the prohibition in 
paragraph (a)(1)(iii) of this section for making any call exempted in 
this paragraph (a)(9), provided that the call is not charged to the 
called person or counted against the called person's plan limits on 
minutes or texts. As used in this paragraph (a)(9), the term ``call'' 
includes a text message, including a short message service (SMS) call.
    (i) Calls made by a package delivery company to notify a consumer 
about a package delivery, provided that all of the following conditions 
are met:
    (A) The notification must be sent only to the telephone number for 
the package recipient;
    (B) The notification must identify the name of the package delivery 
company and include contact information for the package delivery 
company;
    (C) The notification must not include any telemarketing, 
solicitation, or advertising content;
    (D) The voice call or text message notification must be concise, 
generally one minute or less in length for voice calls or 160 
characters or less in length for text messages;
    (E) The package delivery company shall send only one notification 
(whether by voice call or text message) per package, except that one 
additional notification may be sent for each attempt to deliver the 
package, up to two attempts, if the recipient's signature is required 
for the package and the recipient was not available to sign for the 
package on the previous delivery attempt;
    (F) The package delivery company must offer package recipients the 
ability to opt out of receiving future delivery notification calls and 
messages and must honor an opt-out request within a reasonable time 
from the date such request is made, not to exceed thirty days; and,
    (G) Each notification must include information on how to opt out of 
future delivery notifications; voice call notifications that could be 
answered by a live person must include an automated, interactive voice- 
and/or key press-activated opt-out mechanism that enables the called 
person to make an opt-out request prior to terminating the call; voice 
call notifications that could be answered by an answering machine or 
voice mail service must include a toll-free number that the consumer 
can call to opt out of future package delivery notifications; text 
notifications must include the ability for the recipient to opt out by 
replying ``STOP.''
    (ii) Calls made by an inmate collect call service provider 
following an unsuccessful collect call to establish a billing 
arrangement with the called party to enable future collect calls, 
provided that all of the following conditions are met:
    (A) Notifications must identify the name of the inmate collect call 
service provider and include contact information;
    (B) Notifications must not include any telemarketing, solicitation, 
debt collection, or advertising content;
    (C) Notifications must be clear and concise, generally one minute 
or less;
    (D) Inmate collect call service providers shall send no more than 
three notifications following each inmate collect call that is 
unsuccessful due to the lack of an established billing arrangement, and 
shall not retain the called party's number after call completion or, in 
the alternative, after the third notification attempt; and
    (E) Each notification call must include information on how to opt 
out of future calls; voice calls that could be answered by a live 
person must include an automated, interactive voice- and/or key press-
activated opt-out mechanism that enables the called person to make an 
opt-out request prior to terminating the call; voice calls that could 
be answered by an answering machine or voice mail service must include 
a toll-free number that the consumer can call to opt out of future 
notification calls; and,
    (F) The inmate collect call service provider must honor opt-out 
requests immediately.
    (iii) Calls made by any financial institution as defined in section 
4(k) of the Bank Holding Company Act of 1956, 15 U.S.C. 6809(3)(A), 
provided that all of the following conditions are met:
    (A) Voice calls and text messages must be sent only to the wireless 
telephone number provided by the customer of the financial institution;
    (B) Voice calls and text messages must state the name and contact 
information of the financial institution (for voice calls, these 
disclosures must be made at the beginning of the call);
    (C) Voice calls and text messages are strictly limited to those for 
the following purposes: Transactions and events that suggest a risk of 
fraud or identity theft; possible breaches of the security of 
customers' personal information; steps consumers can take to prevent or 
remedy harm caused by data security breaches; and actions needed to 
arrange for receipt of pending money transfers;
    (D) Voice calls and text messages must not include any 
telemarketing, cross-marketing, solicitation, debt collection, or 
advertising content;
    (E) Voice calls and text messages must be concise, generally one 
minute or less in length for voice calls (unless more time is needed to 
obtain customer responses or answer customer questions) or 160 
characters or less in length for text messages;
    (F) A financial institution may initiate no more than three 
messages (whether by voice call or text message) per event over a 
three-day period for an affected account;
    (G) A financial institution must offer recipients within each 
message an easy means to opt out of future such messages; voice calls 
that could be answered by a live person must include an automated, 
interactive voice- and/or key press-activated opt-out mechanism that 
enables the call recipient to make an opt-out request prior to 
terminating the call; voice calls that could be answered by an 
answering machine or voice mail service must include a toll-free number 
that the consumer can call to opt out of future calls; text messages 
must inform recipients of the ability to opt out by replying ``STOP,'' 
which will be the exclusive means by which consumers may opt out of 
such messages; and,
    (H) A financial institution must honor opt-out requests 
immediately.
    (iv) Calls made by healthcare providers, which include hospitals, 
emergency care centers, medical physician or service offices, poison 
control centers, and other healthcare professionals, provided that all 
of the following conditions are met:
    (A) Voice calls and text messages must be sent only to the wireless 
telephone number provided by the patient;
    (B) Voice calls and text messages must state the name and contact 
information of the healthcare provider (for voice calls, these 
disclosures would need to be made at the beginning of the call);
    (C) Voice calls and text messages are strictly limited to those for 
the following purposes: Appointment and exam confirmations and 
reminders, wellness checkups, hospital pre-registration instructions, 
pre-operative instructions, lab results, post-discharge follow-up 
intended to prevent readmission, prescription notifications, and home 
healthcare instructions;
    (D) Voice calls and text messages must not include any 
telemarketing,

[[Page 64096]]

solicitation, or advertising; may not include accounting, billing, 
debt-collection, or other financial content; and must comply with HIPAA 
privacy rules, 45 CFR 160.103;
    (E) Voice calls and text messages must be concise, generally one 
minute or less in length for voice calls or 160 characters or less in 
length for text messages;
    (F) A healthcare provider may initiate only one message (whether by 
voice call or text message) per day to each patient, up to a maximum of 
three voice calls or text messages combined per week to each patient;
    (G) A healthcare provider must offer recipients within each message 
an easy means to opt out of future such messages; voice calls that 
could be answered by a live person must include an automated, 
interactive voice- and/or key press-activated opt-out mechanism that 
enables the call recipient to make an opt-out request prior to 
terminating the call; voice calls that could be answered by an 
answering machine or voice mail service must include a toll-free number 
that the consumer can call to opt out of future healthcare calls; text 
messages must inform recipients of the ability to opt out by replying 
``STOP,'' which will be the exclusive means by which consumers may opt 
out of such messages; and,
    (H) A healthcare provider must honor opt-out requests immediately.
    (b) * * *
    (2) During or after the message, state clearly the telephone number 
(other than that of the autodialer or prerecorded message player that 
placed the call) of such business, other entity, or individual. The 
telephone number provided may not be a 900 number or any other number 
for which charges exceed local or long distance transmission charges. 
For telemarketing messages and messages made pursuant to an exemption 
under paragraphs (a)(3)(ii) through (v) of this section to residential 
telephone subscribers, such telephone number must permit any individual 
to make a do-not-call request during regular business hours; and
    (3) In every case where the artificial or prerecorded-voice 
telephone message is made pursuant to an exemption under paragraphs 
(a)(3)(ii) through (v) of this section or includes or introduces an 
advertisement or constitutes telemarketing and is delivered to a 
residential telephone line or any of the lines or telephone numbers 
described in paragraphs (a)(1)(i) through (iii) of this section, 
provide an automated, interactive voice- and/or key press-activated 
opt-out mechanism for the called person to make a do-not-call request, 
including brief explanatory instructions on how to use such mechanism, 
within two (2) seconds of providing the identification information 
required in paragraph (b)(1) of this section. When the called person 
elects to opt out using such mechanism, the mechanism must 
automatically record the called person's number to the caller's do-not-
call list and immediately terminate the call. When the artificial or 
prerecorded-voice telephone message is left on an answering machine or 
a voice mail service, such message must also provide a toll free number 
that enables the called person to call back at a later time and connect 
directly to the automated, interactive voice- and/or key press-
activated opt-out mechanism and automatically record the called 
person's number to the caller's do-not-call list.
* * * * *
    (d) No person or entity shall initiate any artificial or 
prerecorded-voice telephone call pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or any call for 
telemarketing purposes to a residential telephone subscriber unless 
such person or entity has instituted procedures for maintaining a list 
of persons who request not to receive such calls made by or on behalf 
of that person or entity. The procedures instituted must meet the 
following minimum standards:
    (1) Written policy. Persons or entities making artificial or 
prerecorded-voice telephone calls pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or calls for 
telemarketing purposes must have a written policy, available upon 
demand, for maintaining a do-not-call list.
    (2) Training of personnel. Personnel engaged in making artificial 
or prerecorded-voice telephone calls pursuant to an exemption under 
paragraphs (a)(3)(ii) through (v) of this section or who are engaged in 
any aspect of telemarketing must be informed and trained in the 
existence and use of the do-not-call list.
    (3) Recording, disclosure of do-not-call requests. If a person or 
entity making an artificial or prerecorded-voice telephone call 
pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of 
this section or any call for telemarketing purposes (or on whose behalf 
such a call is made) receives a request from a residential telephone 
subscriber not to receive calls from that person or entity, the person 
or entity must record the request and place the subscriber's name, if 
provided, and telephone number on the do-not-call list at the time the 
request is made. Persons or entities making such calls (or on whose 
behalf such calls are made) must honor a residential subscriber's do-
not-call request within a reasonable time from the date such request is 
made. This period may not exceed thirty days from the date of such 
request. If such requests are recorded or maintained by a party other 
than the person or entity on whose behalf the call is made, the person 
or entity on whose behalf the call is made will be liable for any 
failures to honor the do-not-call request. A person or entity making an 
artificial or prerecorded-voice telephone call pursuant to an exemption 
under paragraphs (a)(3)(ii) through (v) of this section or any call for 
telemarketing purposes must obtain a consumer's prior express 
permission to share or forward the consumer's request not to be called 
to a party other than the person or entity on whose behalf a call is 
made or an affiliated entity.
    (4) Identification of callers and telemarketers. A person or entity 
making an artificial or prerecorded-voice telephone call pursuant to an 
exemption under paragraphs (a)(3)(ii) through (v) of this section or 
any call for telemarketing purposes must provide the called party with 
the name of the individual caller, the name of the person or entity on 
whose behalf the call is being made, and a telephone number or address 
at which the person or entity may be contacted. The telephone number 
provided may not be a 900 number or any other number for which charges 
exceed local or long distance transmission charges.
    (5) Affiliated persons or entities. In the absence of a specific 
request by the subscriber to the contrary, a residential subscriber's 
do-not-call request shall apply to the particular entity making the 
call (or on whose behalf a call is made), and will not apply to 
affiliated entities unless the consumer reasonably would expect them to 
be included given the identification of the caller and (for 
telemarketing calls) the product being advertised.
    (6) Maintenance of do-not-call lists. A person or entity making 
artificial or prerecorded-voice telephone calls pursuant to an 
exemption under paragraphs (a)(3)(ii) through (v) of this section or 
any call for telemarketing purposes must maintain a record of a 
consumer's request not to receive further calls. A do-not-call request 
must be honored for 5 years from the time the request is made.
* * * * *
[FR Doc. 2020-22331 Filed 10-8-20; 8:45 am]
BILLING CODE 6712-01-P