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TELEPHONE CONSUMER PROTECTION ACT ROBOCALL AND TEXT RULES BIENNIAL REMINDER FOR POLITICAL CAMPAIGNS ABOUT ROBOCALL AND TEXT ABUSE

FCC Enforcement Advisory

With the 2016 campaign season underway, the FCC’s Enforcement Bureau reminds political campaigns and calling services that there are clear limits on the use of autodialed calls or texts (known as “robocalls”) and prerecorded voice calls. The FCC is committed to protecting consumers from harassing, intrusive, and unwanted robocalls and texts, including to cell phones and other mobile devices.  The Telephone Consumer Protection Act (“TCPA”) places limits on unsolicited prerecorded telemarketing calls to landline home telephones, and all autodialed calls or prerecorded voice calls to wireless numbers, emergency numbers, and patient rooms at health care facilities.  The FCC’s corresponding rules governing automated telephone calls set forth restrictions that govern the use of prerecorded voice messages and automatic telephone dialing systems including those that deliver text messages.  These provisions apply to all such prerecorded voice calls and autodialed calls or texts, including those made by political campaigns or other organizations involved in the 2016 election.  The restrictions vary according to whether a call is delivered to a business or residential landline telephone, a cell phone, or some other category of protected telephone lines such as toll-free lines, emergency lines, or those lines servicing hospitals, nursing homes, or paging systems.

 The link to the full text of the FCC Enforcement Advisory (including answers to frequently asked questions) can be found at the following link:  http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0314/DA-16-264A1.pdf