As previously reported here, the Federal Communications Commission (FCC) issued a proposed rule specifying that to be exempt from the Telephone Consumer Protection Act’s (TCPA) consent requirements callers would be limited to three prerecorded non-commercial, non-telemarketing, or non-profit calls per 30 days, or three calls per week (one per day) for healthcare-related calls, and would need to include an opportunity to opt out of prerecorded calls as part of the message.

The Federal Register has now published the final amended rule, which will go into effect on July 20, 2023. The rule will likely have a significant impact on healthcare companies, debt collectors, and other entities that have relied on these longstanding exemptions in the past, and the six-month implementation time frame may make it difficult for companies to implement any meaningful technical solutions. We will continue to monitor this issue and any future requests for clarification.