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General

call center employees wearing headsets and typing on laptops

Telemarketing compliance is a complex field and many essential questions do not fit into a specific category.

What are the provisions of the TRACED Act?

The TRACED Act implements a number of new regulations on robocalls, primarily by way of instructions to the FCC and other federal agencies and departments. Among the main provisions of the TRACED Act are the following:

Stopping Robocalls
The Act directs the FCC to take final action on its June 2019 Declaratory Ruling on Advanced Methods To Target and Eliminate Unlawful Robocalls. It directs the commission to implement these rules “with transparency and effective redress options for both… consumers; and… callers.”

What is the TRACED Act?

The Pallone-Thune TRACED Act was signed into law by President Donald Trump on December 30, 2019. The act—whose name is an acronym for Telephone Robocall Abuse Criminal Enforcement and Deterrence—is sponsored by South Dakota Republican Senator John Thune and New Jersey Democratic Congressman Frank Pallone.

The TRACED ACT modifies sections of the Telephone Consumer Protection Act (TCPA), which is itself an amendment to the Communications Act of 1934, codified as 47 U.S.C. § 227.

Do TCPA and DNC regulations apply to the real estate industry?

There is an assumption that because real estate agents are independent contractors that Do Not Call (DNC) and Telephone Consumer Protection Act (TCPA) regulations do not apply to them.

Big businesses are often seen in the spotlight for being violators of these statutes and individuals may think that their actions will go unnoticed by Federal Trade Commission (FTC) and Federal Communications Commission (FCC) regulators—these assumptions are false.

Compliance is mandatory for real estate agents.

Are cell phones considered click-to-dial?

Cell phones are generally thought to be manual calling devices, like many click-to-dial systems. However, there has been no clear or consistent guidance from the Federal Communications Commission (FCC) or the courts as to whether or not a cell phone is considered a click-to-dial device. Telephone Consumer Protection Act (TCPA) compliance on this issue depends entirely on specific district court rulings for specific jurisdictions.

Are cell phones considered an autodialer?

It is not clear whether or not a cell phone would be considered an Automatic Telephone Dialing System (ATDS). In 2018’s ACA Int’l v. FCC decision, the D.C. Circuit Court struck down portions of the Federal Communications Commission’s (FCC) 2015 rule interpreting the Telephone Consumer Protection Act (TCPA) specifically because it would render every smartphone an autodialer. But the Ninth Circuit Court’s decision, six months later, in Marks v. Crunch San Diego, LLC does potentially render some smartphones as capable of being considered autodialers.

Can consumers revoke consent?

Yes. Moreover, recent court decisions have generally held that consumers can revoke their consent by any reasonable means. The Telephone Consumer Protection Act (TCPA) does not offer explicit guidance on revocation of consent, but it is best practice to recognize and honor all consent revocation requests immediately.