Published: May 2021

Limit ways robocallers can evade TRACED Act

The TRACED Act was passed by Congress to protect consumers from robocalls and to give the Federal Communications Commission enforcement authority over illegal calls. Led by the National Consumer Law Center, groups pushed back at some industry requests for exemptions to its new rules giving consumers opt-out rights.

Groups that work together to defend and strengthen the federal Telephone Consumer Protection Act (TCPA), which protects consumers from abusive and illegal robocalls and telemarketing calls, joined comments written by the National Consumer Law Center responding to requests to the Federal Communications Commission (FCC) for exemptions from TCPA by industry groups.

The comments, which address a number of requests for exemptions and clarifications by industry, note that the FCC was careful to define permitted exemptions from the requirement for consent for calls limited by the TCPA in its order implementing the TRACED Act legislation. The regulations a) limit the number of calls that can be made under the exemptions previously issued by the FCC, b) require that every prerecorded or artificial voice call made pursuant to the exemptions must include an automated, interactive opt-out mechanism for the called person to make a do-not-call request, and c) require the caller to honor the called party’s request to stop calling once an opt-out request has been made.

The groups oppose any deviations from the rules and ask the FCC to hold strong against any requests to allow callers to evade their responsibility to allow recipients to stop future calls and ensure that no further unconsented-to calls are permitted.

To download the comments, scroll down (Download PDF).

Lead Organization

National Consumer Law Center, on behalf of its low-income clients

Other Organizations

Consumer Action | Consumer Federation of America | Consumer Reports | EPIC | National Association of Consumer Advocates | U.S. PIRG

More Information

JD Supra, FCC Adopts Rules for TRACED Act Review of Autodialer and Prerecorded-Call Exceptions, Jan. 5, 2021, https://www.jdsupra.com/legalnews/fcc-adopts-rules-for-traced-act-review-9691537/

Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Report and Order, CG Docket No. 02-278, FCC 20-186, Dec. 30, 2020, https://docs.fcc.gov/public/attachments/FCC-20-186A1.pdf

Contact Center Compliance Corporation, One Year Later: Tracking the Implementation of the TRACED Act, Dec. 30, 2020, https://www.dnc.com/news/one-year-later-tracking-implementation-traced-act

Download PDF

Limit ways robocallers can evade TRACED Act   (Comments on Petitions for Reconsideration April 2021.pdf)