Advertisement TCPA Regulatory Update — Busy End of 2020, Early 2021 as FCC Continues Traced Act Implementation & Takes Other Actions on Robocalls and Spoofing Monday, January 25, 2021 Ending 2020, the Federal Communications Commission (“FCC” or “Commission”) raced to implement several of the Congressionally imposed TRACED Act (“Act”) deadlines to combat illegal robocalls. First, on December 29, the FCC adopted a Report and Order implementing Section 8 of the Act, which directs the Commission to ensure that any statutorily permitted exemption of calls from the prior express consent requirement of the Telephone Consumer Protection Act (“TCPA”) meets certain criteria and codifies certain other exemptions that comply with Section 8. Notably, the FCC chose not to alter the exemption that permitted wireless companies to text their own subscribers without prior express consent. The FCC also reviewed, among others, exemptions on non-telemarketing robocalls made to residential phones from non-commercial, commercial, and tax-exempt nonprofit organizations. It amended its rules to limit the number of exempted calls to three calls to any residential phone from any caller within any consecutive 30-day period, and required an opt-out mechanism.