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In its continuing actions to implement the TRACED Act, the Federal Communications Commission (FCC) has issued a Notice of Proposed Rulemaking (NPRM) to address Section 8 of the statute. Therein, Congress directed the FCC to “ensure that any exemption [under the Telephone Consumer Protection Act (TCPA] granted under sections 227(b)(2)(B) or (C) [of the TCPA]allowing callers to make artificial voice, prerecorded voice, or autodialed calls without consent include certain conditions.” More specifically, Section 8 requires that “any such exemption contain requirements with respect to: “(i) the classes of parties that may make such calls; (ii) the classes of parties that may be called; and (iii) the number of such calls that a calling party may make to a particular called party.”
The FCC, not later than December 30, 2020, must prescribe new or amend existing regulations to satisfy these requirements. If the exemption already meets the requirements, no new or amended regulations need be adopted.
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