There’s No Place Like Home Where the TCPA is Concerned…

…especially when it comes to bringing a lawsuit against a telemarketer for placing a telemarketing call to a residential telephone line using an artificial or prerecorded voice.  On March 31, 2016, the Commission issued a Public Notice seeking comment on a petition for declaratory ruling filed by Todd C. Bank, an attorney who works out of his home and uses his residential phone line for business purposes.  Mr. Bank’s home phone number is listed publicly as both a business and residential number.  He petitioned the Commission to clarify that telephone lines provided as “residential” service by the telephone service provider are subject to 47 C.F.R. § 64.1200(a)(3), which bars telemarketing calls to residential lines using artificial or prerecorded voices without the prior express written consent of the called party.

The Commission now seeks comment on whether it should clarify the statute and rules to: (1) establish a bright-line test that telephone lines provided as “residential” service are subject to 64.1200(a)(3); (2) adopt a different bright-line test to identify residential lines; or (3) define a different method for identifying a residential line.  Comments are due May 2, 2016.  Reply comments on May 17, 2016.

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