TCPA Updates: Robocalls, Autodialers, Robotexts and Facebook v. Duguid
The FCC's 2012 TCPA revisions require prior express written consent for all robocalls to residential lines, even with an established business relationship, and exempt HIPAA-covered health care robocalls. In 2021 the Supreme Court narrowed the autodialer definition to equipment using a random or sequential number generator.
In 2012 the FCC revised its TCPA robocall and autodialer rules. Key changes: even with an established business relationship, a company needs prior express written consent for all robocalls to residential lines; consumers may opt out during a robocall; and HIPAA-governed health care robocalls to residential lines are exempt.
In 2015 the FCC confirmed Robotexts get the same TCPA protections as voice calls (express consent required), redefined prior written consent to require a clear and conspicuous disclosure that calls/texts may be made by autodialer or artificial voice, and barred conditioning consent on a purchase.
In 2021, Facebook v. Duguid limited the Autodialer (ATDS) definition to equipment with capacity to use a random or sequential number generator to store or produce numbers, clarifying that text campaigns are permitted if they otherwise comply with the TCPA.
When a consented number is reassigned, the caller is not liable for the first call but is liable for subsequent calls once made aware of the change. Also: a number appearing in another person's contact list does not establish consent, and consent may be revoked any time by any reasonable means.