Fortunately for many call sponsors, the new robo call dialing rules issued by the Federal Communications Commission contain exemptions for automated calls subject to HIPAA, from not-for-profit organizations, and other informational messages. Call sponsors should still familiarize themselves with the new federal rules as well as with state rules, since where state rules are more restrictive they supersede those at the federal level, and be aware that robo dialing to numbers registered in Arkansas and Wyoming is prohibited according to these states’ laws. However, sponsors of calls that are covered under the exemptions in the new robo call dialing rules should not need to substantially change their existing call procedures.
HIPAA Exemptions
Automated calls subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) are exempt from the new robo call dialing rules, and do not need to follow the consent, time of day, opt-out, and abandoned call regulations as long as they are directly related to an individual’s existing health care. This includes calls from insurance carriers and others informing individuals of changes or new options for their health care coverage; doctor’s calls for appointment reminders and other information; and pharmacy calls related to prescriptions, flu shots, and similar services. Note that telemarketing calls from insurance carriers and other providers who do not have any existing relationship with the individual called and do not have the individual’s written consent for automated dialing should follow the new robo call dialing rules.
Non-Telemarketing, Informational Call Exemptions
Tax-exempt non-profit organizations, political calls, and other non-telemarketing calls that are informational in nature, such as those related to package delivery, airline flights, and debt collection calls are also exempt from the new robo call dialing rules. These types of calls will adhere to the previous rules, which indicate that either written or oral consent is required to call a wireless number, but no consent is required for residential lines. However, a call that contains a message intended to offer property, goods, or services to the individual called is considered telemarketing under the new rules, which may make a call that contains both such a telemarketing message and an informational message outside the exemption.
Political Call Exemptions
At the federal level, political call campaigns are not subject to the new robo dialing rules as they are considered informational messages, but many states have implemented restrictions on their own. Sponsors should always check state laws before initiating a political call campaign in any state. Political calls cannot be made to numbers on the Federal Do Not Call List in Massachusetts, New Hampshire, North Dakota, Oregon, or Utah. In most circumstances, a permit for automated dialing is required for calls to numbers in California, Georgia, Indiana, Iowa, Minnesota, Mississippi, Montana, New Jersey, North Dakota, Tennessee, and Utah. In most states, wireless numbers usually cannot be called without prior consent (oral or written).
Overview of the New Rules
For any call that does not fall under the exemptions, the new robo call dialing rules require sponsors to:
* Have the written consent of the individual owning the number to receive automated calls. Written consent includes in writing, by e-mail, or through a website.
* Keep below a 3% call abandon rate per campaign or per thirty day period, whichever is shorter.
* Provide a way to opt-out of future calls through either an automated voice or key prompt, or a toll free number in messages left as a voice mail.
Sponsors who use automated dialing services should familiarize themselves with the new rules and read the publications when available in order to ensure that their call campaigns are in compliance.
