NCTA Pushing for Autodialing Protections
The FCC should carve out protections from the Telephone Consumer Protection Act for businesses that call wireless numbers that turn out to have been reassigned to someone else, NCTA said in an ex parte notice posted Thursday in docket 02-278.…
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NCTA representatives met with FCC officials to discuss the 1991 TCPA's liability, proposing that if callers find out the numbers they reach aren't the intended recipients, they could take steps to disassociate that phone number from the account or to provide information to the person called on opting out of future calls. "There is no practical way to know that a wireless number has been reassigned," NCTA said, saying it continues to back an FCC declaration that callers aren't liable when autodialed or prerecorded calls are made to wireless numbers that have since been reassigned, under TCPA. The FCC also should clarify that an automatic telephone dialing system's “capacity” is limited to what it can do at the time the call is placed, without modification. Next week, commissioners vote on a draft TCPA declaratory ruling (see 1506030043).