Generally, the Telephone Consumer Protection Act (TCPA) prohibits calls to a wireless number using an Automatic Telephone Dialing System (ATDS) without prior express written consent. However, there is a limited safe harbor in cases where a landline number was recently ported to a wireless number without prior knowledge from the marketer.
Declared by the Federal Communications Commission (FCC) in 2004, the ported wireless numbers safe harbor established a limited safe harbor on calls placed to wireless numbers using an ATDS or prerecorded voice when that number was recently ported from wireline service to wireless service. Companies placing autodialed calls or using a prerecorded message to call wireless numbers have 15 days from the time that number was ported from wireline to wireless, provided that the number is not already on the National Do Not Call (DNC) Registry or that company’s internal Do Not Call list. This safe harbor works in conjunction with the national DNC safe harbor.
This safe harbor does not extend to erroneous calls and will not absolve any company of a willful violation.