While many phone companies now offer their customers call blocking tools on an opt-in basis, the Declaratory Ruling clarifies that they can provide them as the default, thus allowing them to protect more consumers from unwanted robocalls and making it more cost-effective to implement call-blocking programs. This action empowers providers to protect their customers from unwanted robocalls before those calls even reach the customers’ phones. …voice service providers may, as the default, block unwanted calls based on reasonable call analytics, as long as their customers are informed and have the opportunity to opt-out of the blocking. That means, depending on certain call analytics made by the carrier/provider, contact centers and call centers will all need to be doubly sure they’ve got strict control over their outbound calls – or their calls will never reach the customer. Here’s a preview of the call blocking update mentioned in the FCC Fact Sheet: May/June 2019: Voice Carrier Automatic Call Blocking and Text Blocking PermittedĢ019 saw the issuance of a Declaratory Ruling in support of call blocking and text blocking that originates at the carrier. Connecting with a younger demographic to keep up business should be the driver – growing the business is a much more powerful reason to adapt than fear of liability. Adopting new telephone technology should come from a strategic place, not one of TCPA fear.There are legal cases out there that consider direct-drop voicemail the same as a call.Doing all of the above helps minimize the liability for a class action. If they sent in a letter revoking consent and you failed to track it, the outcome could be bleak. Include consent to be contacted in legal agreements, purchase receipts, etc., and be sure to also document revocation of consent diligently. Industry and trade publications are a gold mine of discussion and observation – they might just keep you ahead of the shifting landscape. They are paid to monitor these definitions and legal outcomes. Keep your legal counsel’s advice at all times.Stay up to date on what constitutes an ATDS – monitor the legal outcomes of ATDS cases.Listen to the TCPA Defense Webinar Audio Conference Download.Except in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before July 9, 2005, if the sender possessed the facsimile machine number of the recipient before such date of enactment.(C) to use any telephone facsimile machine, computer, or other devices to send, to a telephone facsimile machine, an unsolicited advertisement to a telephone facsimile machine, unless the unsolicited advertisement is from a sender with an established business relationship with the recipient or the sender obtained the number of the telephone facsimile machine through the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or through a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution,.

It is prohibited to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission under paragraph (2)(B) of Telephone Consumer Protection Act 47 U.S.C.To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.health care facility, elderly home, or similar establishment or.To the telephone line of any guest room or patient room of a hospital,.Any emergency telephone line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency,.It is prohibited to make calls using an automatic telephone dialing system (ATDS) to:.Do not use autodialers, recordings, or simulated voices to make calls to mobile phones or other recipients where the receiver pays for the call itself.Do not deliver artificial voice calls or recordings to residences without prior express written consent.

Residences may not be called before 8 a.m.

Do not call anyone listed in the National Do Not Call Registry.

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