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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
monitor these limits to determine whether they may require adjustment in the future.
6. The Commission emphasizes that callers can simply get consumer consent to make more than three noncommercial calls using an artificial or prerecorded voice within any consecutive 30-day period. As the numerical limitations only apply to artificial or prerecorded calls to residential numbers, and not live agent calls, the impact on callers is limited.
7. Opt-out Requirement. The Commissions rules require that residential telephone subscribers be permitted to opt out of artificial and prerecorded voice calls that contain telemarketing messages. Under these rules, a consumer who wants to avoid further artificial or prerecorded telemarketing calls can opt out by dialing a telephone number required to be provided in the artificial or prerecorded voice message to register his or her do-not-call request in response to that call. The rules also require that, in every case where an artificial or prerecorded voice telephone message includes or introduces an advertisement or constitutes telemarketing and is delivered to a residential telephone line, the caller must provide an automated, interactive voiceand/or key press-activated optout mechanism for the called person to make a do-not-call request.
8. To effectuate an opt-out mechanism, noncommercial callers must comply with the requirements of 64.1200b and d of the Commissions rules, which govern the process for handling do-not-call requests.
2. Commercial Calls to a Residence That Do Not Constitute Telemarketing 9. Callers. The Commission has exempted calls made for a commercial purpose but that do not include or introduce an advertisement or constitute telemarketing from the prohibition on using an artificial or prerecorded voice message to call residential telephone lines. If these calls do not contain advertising or solicit the purchase of goods or services and otherwise conform to the requirements of the TRACED Act, the Commission concludes they should remain exempt from the TCPA prohibitions as the record shows consumers generally want and expect them.
10. Called parties. The Commission further concludes that the exemption for commercial calls already satisfies the TRACED Acts requirement with respect to the classes of parties that may be called because this exemption applies
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only to calls made to residential telephone lines.
11. Number of calls. The Commission limits the number of calls that can be made pursuant to the exemption for commercial calls to three artificial or prerecorded voice calls within any consecutive 30-day period. The Commission incorporates by reference the discussion relating to the number of calls that can be made pursuant to the exemption for calls not made for a commercial purpose, as well as the discussion on the timeframe and effective date for implementation mechanisms to comply with these requirements.
12. Opt-Out Requirement. The Commission also requires callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the exemption for commercial calls to opt out of such calls using either of the mechanisms described in the Commissions rules.
The Commission incorporates by reference the analysis relating to the adoption of an opt-out mechanism for non-commercial calls to residential telephone numbers.
3. Tax-Exempt Nonprofit Organization Calls to a Residence 13. Callers. The Commission has exempted calls made by or on behalf of a tax-exempt nonprofit organization from the prohibition on using an artificial or prerecorded voice to deliver a message to a residential telephone line. The Commission agrees that this exemption remains in the public interest and should be retained subject to conformance with the requirements of the TRACED Act.
14. Called parties. The Commission concludes that the exemption for taxexempt nonprofit organizations already satisfies the TRACED Acts requirements with respect to the classes of parties that may be called because this exemption applies only to calls made to residential telephone lines.
15. Number of calls. The Commission limits the number of calls that can be made pursuant to the exemption for calls by tax-exempt nonprofit organizations to three artificial or prerecorded voice calls within any consecutive 30-day period. The Commission incorporates by reference the discussion relating to the number of calls that can be made pursuant to the exemption for calls not made for a commercial purpose, as well as the discussion on the timeframe and effective date for implementing mechanisms to comply with these requirements.

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16. Opt-Out Requirement. The Commission also requires callers to allow recipients of artificial and prerecorded voice message calls made pursuant to the exemption for taxexempt nonprofit organizations to opt out of such calls using either of the mechanisms described in the Commissions rules. The Commission incorporates by reference the analysis relating to the adoption of an opt-out mechanism for non-commercial calls to residential telephone numbers.
4. HIPAA Calls to a Residence 17. Callers. The Commission has exempted HIPAA-related calls that deliver a healthcare message from the prohibition on using an artificial or prerecorded voice to deliver a message to residential telephone lines. The Commission concluded that such calls serve a public interest purpose: To ensure continued consumer access to healthcare-related information. The Commission finds that the record shows that the exemption continues to benefit consumers and should be retained subject to compliance with the requirements of the TRACED Act. The exemption satisfies the TRACED Acts requirements with respect to the classes of parties that may make such calls calls made by, or on behalf of, a covered entity or its business associate as those terms are defined in the HIPAA Privacy Rule, 45 CFR
160.103.
18. Called parties. The Commission also concludes that the exemption for HIPAA-related calls satisfies the TRACED Acts requirements with respect to the classes of parties that may be called because this exemption applies only to calls made to residential telephone lines.
19. Number of calls. The Commission amends its rules to limit the number of calls that can be made pursuant to the exemption for HIPAA-related calls to one artificial or prerecorded voice call per day up to a maximum of three artificial or prerecorded voice calls per week. The Commission notes that this limitation is identical to the condition imposed on healthcare calls to wireless numbers that are exempted under section 227b2C of the TCPA.
20. The Commission imposed this same limit on exempted HIPAA calls to wireless telephone numbers five years ago and has no credible evidence it has unduly restricted healthcare providers ability to communicate with their patients. The Commission incorporates by reference the discussion relating to the number of calls that can be made pursuant to the exemption for calls not made for a commercial purpose, as well
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