Robocalling and Robotexts: What consent is necessary and recent changes in FCC regulation

Russell Fox
Russell Fox | Mintz

Russell assists clients on federal legislative, regulatory, and transactional telecommunications matters. One of his areas of expertise is the legal requirements for sending robocalls and robotexts, providing advice to all participants in the robocall/robotext ecosystem.

On-Demand: October 12, 2021

Robocalling and Robotexts: What consent is necessary and recent changes in FCC regulation
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Program Summary

This CLE will cover the basic rules governing the sending of automated and pre-recorded messages (robocalls and robotexts) governed by Section 227 of the Communications Act and the implementing regulations adopted by the Federal Communications Commission. The CLE will review recent FCC decisions, including changes in regulation prompted by the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act. The CLE will also provide information on the types of consent necessary to send robocalls and robotexts.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Key legal principles for robocalls/robotexts.
  • What is the status of changes in regulation recently adopted by the FCC?
  • What type of consent is required for informational and marketing messages?
  • What content is required in robocalls and robotexts?

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.

On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are viewable for up to one year.

Closed-captioning available

Speakers

Russell H. Fox_Mintz_myLawCLERussell H. Fox | Mintz

Russell assists clients on federal legislative, regulatory, and transactional telecommunications matters. One of his areas of expertise is the legal requirements for sending robocalls and robotexts, providing advice to all participants in the robocall/robotext ecosystem. He assists those that make calls, such as health care providers, utilities and vendors on how to structure messaging campaigns. He also provides guidance on the appropriate wording for terms and conditions accepted by call recipients. In addition, he counsels communications providers on call handling, including call blocking obligations.

In addition to his work in the robocall/robotext context, Russell analyzes telecommunications legislation on behalf of clients, participates in proceedings before the FCC and other federal agencies, negotiates spectrum agreements, and represents wireless providers in spectrum auctions. He is also frequently consulted on matters involving US spectrum use and policy.

Before joining the firm, Russell was a partner and head of the telecommunications department in the Washington office of a major Chicago-based law firm, where he represented users and providers of telecommunications services and equipment. Previously, he was the executive director and president of the American SMR Network Association, Inc., where he established offices of a national trade association representing a segment of the wireless telecommunications industry.

Agenda

1. Robocall/Robocall Text Basics – What does Section 227 of the Communications Act and Implementing Regulations Cover? | 2:00pm – 2:12pm
2. The TRACED Act – Changes to Section 227 | 2:12pm – 2:24pm
3. New regulatory requirements on callers and voice service providers | 2:24pm – 2:36pm
4. Differences between informational and marketing messages and texts | 2:36pm – 2:48pm
5. Consent required for sending robocalls, robotexts and pre-recorded messages | 2:48pm – 3:00pm