[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Rules and Regulations]
[Pages 87982-87983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24908]
[[Page 87982]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket Nos. 02-278, 21-402, 17-59, FCC 23-107, FR ID 254728]
Rules and Regulations Implementing the Telephone Consumer
Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of compliance date.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) announces that the Office of Management and Budget (OMB)
has approved the information collection associated with the rule
adopted in the Second Text Blocking Report and Order requiring that
texters and callers obtain a consumer's prior express written consent
to robocall or robotext the consumer soliciting their business. The
Commission requires that such consent apply to a single seller at a
time. The Commission also requires that the consent must be in response
to a clear and conspicuous disclosure to the consumer and that the
content of the robotexts and robocalls be logically and topically
associated with the website where the consumer gave consent. Compliance
with the rule section, is required 12 months after publication in the
Federal Register or 30 days after notice that the Office of Management
and Budget has completed review of any information collection
requirements that the Consumer and Governmental Affairs Bureau
determines is required un the Paperwork Reduction Act, whichever is
later. This document is consistent with the Second Text Blocking Report
and Order, which states the Commission will publish a document in the
Federal Register announcing a compliance date for the rule section.
DATES:
Effective date: November 6, 2024
Compliance date: Compliance with 47 CFR 64.1200(f)(9) is required
as of January 27, 2025.
FOR FURTHER INFORMATION CONTACT: Mika Savir, Attorney Advisor, Consumer
Policy Division, Consumer and Governmental Affairs Bureau, at (202)
418-0384 or [email protected].
SUPPLEMENTARY INFORMATION: This document announces that OMB approved
the information collection requirement in 47 CFR 64.1200(f)(9) on
September 26, 2024. The rule was adopted in the Second Text Blocking
Report and Order, FCC 23-107, 89 FR 5098, January 26, 2024. The rule's
effective date, accordingly, is January 27, 2025, which is 12 months
after the rule was published in the Federal Register. The Commission
publishes this document in the Federal Register as an announcement of
the compliance date of the rule. If you have any comments on the burden
estimates listed below, or how the Commission can improve the
collections and reduce any burdens caused thereby, please contact Cathy
Williams, Federal Communications Commission, Room 3-317, 45 L Street
NE, Washington, DC 20554, regarding OMB Control Number 3060-0519.
Please include the applicable OMB Control Number in your
correspondence. The Commission will also accept your comments via email
at [email protected]. To request materials in accessible formats for people
with disabilities (Braille, large print, electronic files, audio
format), send an email to [email protected] or call the Consumer and
Governmental Affairs Bureau at (202) 418-0530.
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on September 26, 2024, for the information collection
requirement contained in 47 CFR 64.1200(f)(9). Under 5 CFR part 1320,
an agency may not conduct or sponsor a collection of information unless
it displays a current, valid OMB Control Number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the Paperwork Reduction Act that does not
display a current, valid OMB Control Number. The OMB Control Number for
the information collection requirement in 47 CFR 64.1200(f)(9) is 3060-
0519. The foregoing notice is required by the Paperwork Reduction Act
of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-0519.
OMB Approval Date: September 26, 2024.
OMB Expiration Date: September 30, 2027.
Title: Targeting and Eliminating Unlawful Text Messages,
Implementation of the Telephone Consumer Protection Act of 1991,
Advanced Methods to Target and Eliminate Unlawful Robocalls.
Form Number: N/A.
Respondents: 6,000.
Number of Respondents and Responses: 6,000 respondents x 1 response
= 6,000 responses.
Estimated Time per Response: 8 hours per response.
Frequency of Response: Annual.
Obligation to Respond: Sellers who are required to comply with the
prior express written consent requirements of the TCPA, and who are not
currently obtaining one-to-one consent for telemarketing robocalls/
robotexts will need to comply with the revised rule. Sellers who are
already obtaining one-to-one consent for such calls/texts or who are
not required to comply with TCPA prior express written consent
requirements will not have to make any changes to comply with the new
rule.
Total Annual Burden: 6,000 respondents x 1 response x 8 hours/
response = 48,000 hours.
Total Annual Cost: 6,000 responses x 8 hours/response x $89.04 per
hour = $4,273,920.
Annual ``In-House'' Cost: The Commission assumes that respondents
use ``in-house'' personnel to update websites to ensure compliance. The
national average wage for a web and digital interface designer,
including benefits, is comparable to a federal employee GS-15/5. Thus,
the Commission estimates respondents cost to be about $89.04 per hour
to comply with the requirement.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Needs and Uses: To better protect consumers from unwanted and
illegal calls and texts, the Commission adopted a rule to make it
unequivocally clear that texters and callers must obtain a consumer's
prior express written consent to robocall or robotext the consumer
soliciting their business, from one seller at a time. This new rule
prohibits abuse of consumer consent by comparison shopping and other
websites. In addition to the one-to-one consent requirement, the
Commission also requires that the consent must be in response to a
clear and conspicuous disclosure to the consumer and that the content
of the robotexts and robocalls must be logically and topically
associated with the website where the consumer gave consent. The TCPA
and the Commission's existing rules already place the burden of proof
on the texter or caller to prove that they have obtained consent that
satisfies federal laws and regulations. This new information collection
does not change that obligation but may require website operators,
including lead generators and
[[Page 87983]]
comparison shopping sites, to modify their sites to ensure that one-to-
one consent is properly collected. The rule only applies to callers
that are required to obtain prior express written consent from
consumers under the TCPA. Some respondents may already be obtaining
one-to-one consent from consumers and would not incur any
implementation burdens. Other respondents may not need to obtain TCPA
prior express written consent.
List of Subjects in 47 CFR Part 64
Communications common carriers, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amend 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220,
222, 225, 226, 227, 227(b), 228, 251(a), 251(e), 254(k), 255, 262,
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091.
Subpart L--Restrictions on Telemarketing, Telephone Solicitation,
and Facsimile Advertising
0
2. Amend Sec. 64.1200 by revising paragraph (f)(9) to read as follows:
Sec. 64.1200 Delivery Restrictions.
(f) * * *
(9) The term prior express written consent means an agreement, in
writing, that bears the signature of the person called or texted that
clearly and conspicuously authorizes no more than one identified seller
to deliver or cause to be delivered to the person called or texted
advertisements or telemarketing messages using an automatic telephone
dialing system or an artificial or prerecorded voice. Calls and texts
must be logically and topically associated with the interaction that
prompted the consent and the agreement must identify the telephone
number to which the signatory authorizes such advertisements or
telemarketing messages to be delivered.
(i) The written agreement shall include a clear and conspicuous
disclosure informing the person signing that:
(A) By executing the agreement, such person authorizes the seller
to deliver or cause to be delivered to the signatory telemarketing
calls or texts using an automatic telephone dialing system or an
artificial or prerecorded voice; and
(B) The person is not required to sign the agreement (directly or
indirectly), or agree to enter into such an agreement as a condition of
purchasing any property, goods, or services. The term ``signature''
shall include an electronic or digital form of signature, to the extent
that such form of signature is recognized as a valid signature under
applicable federal law or state contract law.
(ii) [Reserved]
* * * * *
[FR Doc. 2024-24908 Filed 11-5-24; 8:45 am]
BILLING CODE 6712-01-P