Federal Register - February 25, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
or voice mail service must include a toll-free number that the consumer can call to opt out of future package delivery notifications; text notifications must include the ability for the recipient to opt out by replying STOP.
ii Calls made by an inmate collect call service provider following an unsuccessful collect call to establish a billing arrangement with the called party to enable future collect calls, provided that all of the following conditions are met:
A Notifications must identify the name of the inmate collect call service provider and include contact information;
B Notifications must not include any telemarketing, solicitation, debt collection, or advertising content;
C Notifications must be clear and concise, generally one minute or less;
D Inmate collect call service providers shall send no more than three notifications following each inmate collect call that is unsuccessful due to the lack of an established billing arrangement, and shall not retain the called partys number after call completion or, in the alternative, after the third notification attempt; and E Each notification call must include information on how to opt out of future calls; voice calls that could be answered by a live person must include an automated, interactive voiceand/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future notification calls; and, F The inmate collect call service provider must honor opt-out requests immediately.
iii Calls made by any financial institution as defined in section 4k of the Bank Holding Company Act of 1956, 15 U.S.C. 68093A, provided that all of the following conditions are met:
A Voice calls and text messages must be sent only to the wireless telephone number provided by the customer of the financial institution;
B Voice calls and text messages must state the name and contact information of the financial institution for voice calls, these disclosures must be made at the beginning of the call;
C Voice calls and text messages are strictly limited to those for the following purposes: transactions and events that suggest a risk of fraud or identity theft;
possible breaches of the security of customers personal information; steps consumers can take to prevent or remedy harm caused by data security
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breaches; and actions needed to arrange for receipt of pending money transfers;
D Voice calls and text messages must not include any telemarketing, cross-marketing, solicitation, debt collection, or advertising content;
E Voice calls and text messages must be concise, generally one minute or less in length for voice calls unless more time is needed to obtain customer responses or answer customer questions or 160 characters or less in length for text messages;
F A financial institution may initiate no more than three messages whether by voice call or text message per event over a three-day period for an affected account;
G A financial institution must offer recipients within each message an easy means to opt out of future such messages; voice calls that could be answered by a live person must include an automated, interactive voiceand/or key press-activated opt-out mechanism that enables the call recipient to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a tollfree number that the consumer can call to opt out of future calls; text messages must inform recipients of the ability to opt out by replying STOP, which will be the exclusive means by which consumers may opt out of such messages; and, H A financial institution must honor opt-out requests immediately.
iv Calls made by, or on behalf of, healthcare providers, which include hospitals, emergency care centers, medical physician or service offices, poison control centers, and other healthcare professionals, provided that all of the following conditions are met:
A Voice calls and text messages must be sent only to the wireless telephone number provided by the patient;
B Voice calls and text messages must state the name and contact information of the healthcare provider for voice calls, these disclosures would need to be made at the beginning of the call;
C Voice calls and text messages are strictly limited to those for the following purposes: appointment and exam confirmations and reminders, wellness checkups, hospital pre-registration instructions, pre-operative instructions, lab results, post-discharge follow-up intended to prevent readmission, prescription notifications, and home healthcare instructions;
D Voice calls and text messages must not include any telemarketing, solicitation, or advertising; may not include accounting, billing, debt-
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collection, or other financial content;
and must comply with HIPAA privacy rules, 45 CFR 160.103;
E Voice calls and text messages must be concise, generally one minute or less in length for voice calls or 160
characters or less in length for text messages;
F A healthcare provider may initiate only one message whether by voice call or text message per day to each patient, up to a maximum of three voice calls or text messages combined per week to each patient;
G A healthcare provider must offer recipients within each message an easy means to opt out of future such messages; voice calls that could be answered by a live person must include an automated, interactive voiceand/or key press-activated opt-out mechanism that enables the call recipient to make an opt-out request prior to terminating the call; voice calls that could be answered by an answering machine or voice mail service must include a tollfree number that the consumer can call to opt out of future healthcare calls; text messages must inform recipients of the ability to opt out by replying STOP, which will be the exclusive means by which consumers may opt out of such messages; and, H A healthcare provider must honor opt-out requests immediately.
3. Delayed indefinitely, further amend 64.1200 by revising paragraphs a3ii through v, b2 and 3 and d to read as follows:
64.1200
Delivery Restrictions.
a
3
ii Is not made for a commercial purpose and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called partys request to opt out of future calls as required in paragraphs b and d of this section;
iii Is made for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called partys request to opt out of future calls as required in paragraphs b and d of this section;
iv Is made by or on behalf of a taxexempt nonprofit organization and the caller makes no more than three calls within any consecutive 30-day period to the residential line and honors the called partys request to opt out of future calls as required in paragraphs b and d of this section; or
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