Florida's new call volume cap

Maximum 3 recorded calls in a 30-day period.  By now, we should all be aware of Florida's new call volume cap  (3 calls in a 24-hour period).  Probably more important though is the FCC's relatively new call volume cap that is now in effect.  Recall that on December 30, 2020 the FCC published a Report and Order capping call volume for certain types of recorded calls to landlines.  These include certain recorded calls to landlines, such as non-marketing calls, calls made by non-profits and HIPAA-regulated calls, for example.  Compliance with the rule became mandatory 6 months after the Order was published in the Federal Registry by the Office of Management and Budget, meaning compliance is now required and you can be fined for violations.  Many states also make it a violation of local law to violate federal FCC rules.  Companies who deliver recordings or artificial voices to landlines without consent need to ensure that they do not make more than 3 such calls in any 30-day period.  For HIPAA-regulated calls, the cap is a tad different - 1 call per day up to 3 per week max.  Like with the Florida cap, the federal cap is overcome by well documented consent.  Consult with your counsel to identify other possible exemptions.

Thursday, September 16, 2021

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