ABA/Joint Trades’ Comment on Petitions for Reconsideration re: TCPA’s Exemptions

Introduction and Summary

In Appendix A to the Report and Order issued on December 30, 2020 (Order), the Federal Communications Commission (Commission) appears inadvertently to have imposed a prior express written consent requirement on informational prerecorded or artificial voice calls to a residential number made outside of the existing exemption for such calls. Based on the text of the Order, the Commission clearly intended to impose a prior express consent (oral or written) requirement on calls made outside of the exemption.

The Commission should issue an Erratum to correct this error without further delay. The record in this proceeding demonstrates broad support for issuance of an Erratum; both business and consumer groups have urged the Commission to revise Appendix A to correct the error.

The petition for partial reconsideration filed by ACA International and other industry trade associations raises serious concerns regarding the Order’s new requirements for exempt informational prerecorded or artificial voice calls to a residential number. While we agree the petition raises important issues, we do not believe the Commission should delay resolution of the error described above in order to address this petition or the petition filed by the Enterprise Communications Advocacy Coalition.

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