**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | CG Docket No. 02-278         |
|                                  | * |                              |
| Rules and Regulations            | ) |                              |
| Implementing the Telephone       | * |                              |
| Consumer Protection Act of 1991  | * |                              |
|                                  |   |                              |
| Request of ACA International for | * |                              |
| Clarification and Declaratory    | * |                              |
| Ruling                           | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  |   |                              |
|                                  | * |                              |
|                                  | * |                              |
|                                  | ) |                              |
|                                  | * |                              |
|                                  | * |                              |
+----------------------------------+---+------------------------------+

**DECLARATORY RULING**

**Adopted: December 28, 2007 Released: January 4, 2008**

By the Commission:

# introduction

1.  In this Declaratory Ruling, we address a Petition for Expedited
    Clarification and Declaratory Ruling filed by ACA International
    (ACA).[^1] In this ruling, we clarify that autodialed and
    prerecorded message calls to wireless numbers that are provided by
    the called party to a creditor in connection with an existing debt
    are permissible as calls made with the "prior express consent" of
    the called party.[^2]

# background

## Telephone Consumer Protection Act of 1991

2.  On December 20, 1991, Congress enacted the Telephone Consumer
    Protection Act (TCPA),[^3] as codified in section 227 of the
    Communications Act of 1934, as amended, in an effort to address a
    growing number of telephone marketing calls and certain
    telemarketing practices Congress found to be an invasion of consumer
    privacy.[^4] In relevant part, the TCPA regulates the use of
    automated telephone equipment.[^5] Specifically, section
    227(b)(1)(A) prohibits the use of any automatic telephone dialing
    system[^6] to call any telephone number assigned to a cellular
    telephone service absent an emergency purpose or the "prior express
    consent of the called party."[^7] The TCPA also makes it unlawful to
    place a non-emergency telephone call to a residential line "using an
    artificial or prerecorded voice" without the recipient's consent
    unless the call is "exempted by rule or order of the Commission
    under paragraph (2)(B)."[^8] Paragraph (2)(B), in turn, authorizes
    the Commission to enact limited exemptions from this ban, including
    an exemption for calls "that are not made for a commercial purpose"
    or "do not include the transmission of any unsolicited
    advertisement."[^9]

3.  Section 227(b)(2)(B) authorizes the Commission to exempt
    noncommercial and certain other classes of calls from the
    prohibition on prerecorded messages [to residences]{.underline}. By
    comparison, section 227(b)(2)(C) gives the Commission authority to
    exempt from the prohibition on autodialed or prerecorded message
    calls [to wireless numbers]{.underline} contained in section
    227(b)(1)(A)(iii) only those "calls to a telephone number assigned
    to a cellular telephone service that are not charged to the called
    party, subject to such conditions as the Commission may prescribe as
    necessary in the interest of the privacy rights the provision is
    intended to protect."[^10]

## Commission's TCPA rules

4.  The Commission first adopted rules implementing the TCPA in
    1992.[^11] Under these rules, calls delivering artificial or
    prerecorded messages to residences were prohibited, absent the
    express consent of the called party.[^12] Exempted from this
    prohibition were certain categories of calls that the Commission
    determined did not adversely affect consumers' privacy rights.[^13]
    In the *1992 TCPA Order*, the Commission concluded that an express
    exemption for debt collection calls to residences was unnecessary as
    such calls fall within the exemptions adopted for commercial calls
    which do not transmit an unsolicited advertisement and for
    established business relationships.[^14] In addition, the Commission
    adopted rules prohibiting the use of autodialed and prerecorded
    message calls to cell phone numbers which incorporated the language
    of the TCPA virtually verbatim.[^15]

5.  In 1995, the Commission released a Memorandum Opinion and Order
    addressing petitions for reconsideration of the *1992 TCPA
    Order*.[^16] Among other things, the Commission clarified that: 1)
    prerecorded debt collection calls are exempted from Section
    227(b)(1)(B) of the TCPA which

    prohibits prerecorded or artificial voice messages to
    residences;[^17] and 2) debt collection calls not directed to
    randomly or sequentially generated telephone numbers do not require
    an identification message.[^18]

6.  In 2002, the Commission initiated a rulemaking proceeding to
    determine whether the Commission's rules needed to be revised to
    more effectively carry out Congress's directives in the TCPA.[^19]
    On July 3, 2003, the Commission revised and clarified the existing
    rules under the TCPA and adopted new rules to provide consumers with
    several options for avoiding unwanted telephone solicitations.[^20]

7.  In particular, the Commission clarified the rules on autodialed and
    prerecorded message calls to wireless telephone numbers.
    Specifically, the Commission affirmed that it is unlawful "to make
    *any call* using an automatic telephone dialing system or an
    artificial or prerecorded message to any wireless telephone
    number."[^21] Noting that Congress found that automated or
    prerecorded telephone calls were a greater nuisance and invasion of
    privacy than live solicitation calls, and that such calls can be
    costly and inconvenient, the Commission determined that the TCPA and
    its rules prohibit such calls to wireless numbers. The Commission
    also recognized that wireless customers are charged for incoming
    calls whether they pay in advance or after the minutes are
    used.[^22] Finally, the Commission found that a

    predictive dialer[^23] falls within the meaning and statutory
    definition of "automatic telephone dialing equipment" and the intent
    of Congress.[^24]

## ACA Petition

8.  On October 4, 2005, ACA filed a petition seeking clarification that
    the prohibition against autodialed or prerecorded calls to wireless
    telephone numbers in 47 C.F.R. § 64.1200(a)(1)(iii) does not apply
    to creditors and collectors when calling wireless telephone numbers
    to recover payments for goods and services received by
    consumers.[^25] ACA maintains that the TCPA was enacted to curtail
    the "onslaught of telemarketing calls," and that the use of
    autodialers to attempt to recover payments is not
    telemarketing.[^26] According to ACA, the Commission has always
    interpreted the autodialer restriction so as not to apply to debt
    collection calls.[^27] On April 5, 2006, the Commission sought
    comment on ACA's petition.[^28] In a supplemental filing on April
    26, 2006, ACA argues that the Commission's determination that
    predictive dialers fall within the meaning of the statutory
    definition of "automated telephone dialing equipment" was incorrect
    and conflicts with the language of the TCPA.[^29] The majority

    of comments filed were from creditors and collectors who support
    ACA's petition.[^30] Consumer groups and individual consumers also
    filed comments, most of whom opposed ACA's petition.[^31]

#  discussion 

## TCPA Autodialer Prohibition and Prior Express Consent 

9.  Although the TCPA generally prohibits autodialed calls to wireless
    phones, it also provides an exception for autodialed and prerecorded
    message calls for emergency purposes or made with the prior express
    consent of the called party.[^32] Because we find that autodialed
    and prerecorded message calls to wireless numbers provided by the
    called party in connection with an existing debt are made with the
    "prior express consent" of the called party,[^33] we clarify that
    such calls are permissible. We conclude that the provision of a cell
    phone number to a creditor, *e.g.,* as part of a credit application,
    reasonably evidences prior express consent by the cell phone
    subscriber to be contacted at that number regarding the debt. In the
    *1992 TCPA Order*, the Commission determined that "persons who
    knowingly release their phone numbers have in effect given their
    invitation or permission to be called at the number which they have
    given, absent instructions to the contrary."[^34] The legislative
    history in the TCPA provides support for this interpretation.
    Specifically, the House report on what ultimately became section 227
    states that:

    \[t\]he restriction on calls to emergency lines, pagers, and the
    like does not apply when the called party has provided the telephone
    number of such a line to the caller for use in normal business
    communications.[^35]

10. We emphasize that prior express consent is deemed to be granted only
    if the wireless number was provided by the consumer to the creditor,
    and that such number was provided during the transaction that
    resulted in the debt owed.[^36] To ensure that creditors and debt
    collectors call only those consumers who have consented to receive
    autodialed and prerecorded message calls, we conclude that the
    creditor should be responsible for demonstrating that the consumer
    provided prior express consent. The creditors are in the best
    position to have records kept in the usual course of business
    showing such consent, such as purchase agreements, sales slips, and
    credit applications.[^37] Should a question arise as to whether
    express consent was provided, the burden will be on the creditor to
    show it obtained the necessary prior express consent. Similarly, a
    creditor on whose behalf an autodialed or prerecorded message call
    is made to a wireless number bears the responsibility for any
    violation of the Commission's rules. Calls placed by a third party
    collector on behalf of that creditor are treated as if the creditor
    itself placed the call.[^38]

11. We also reiterate that the plain language of section
    227(b)(1)(A)(iii) prohibits the use of autodialers to make any call
    to a wireless number in the absence of an emergency or the prior
    express consent of the called party.[^39] We note that this
    prohibition applies regardless of the content of the call, and is
    not limited only to calls that constitute "telephone
    solicitations."[^40] However, we agree with ACA and other commenters
    that calls solely for the purpose of debt collection are not
    telephone solicitations and do not constitute telemarketing.[^41]
    Therefore, calls regarding debt collection or to recover payments
    are not subject to the TCPA's separate restrictions on "telephone
    solicitations."[^42]

## Predictive Dialers

12. In this Declaratory Ruling, we affirm that a predictive dialer
    constitutes an automatic telephone dialing system and is subject to
    the TCPA's restrictions on the use of autodialers. In its
    Supplemental Submission, ACA argues that the Commission erred in
    concluding that the term "automatic telephone dialing system"
    includes a predictive dialer.[^43] ACA states that debt collectors
    use predictive dialers to call specific numbers provided by
    established customers,[^44] and that a predictive dialer meets the
    definition of autodialer only when it randomly or sequentially
    generates telephone numbers, not when it dials numbers from customer
    telephone lists.

13. As noted above, the Commission first sought comment on predictive
    dialers in 2002 and asked whether using a predictive dialer is
    subject to the TCPA's autodialer restrictions.[^45] The Commission
    found that, based on the statutory definition of "automatic
    telephone dialing system,"[^46] the TCPA's legislative history, and
    current industry practice and technology, a predictive dialer falls
    within the meaning and definition of autodialer and the intent of
    Congress.[^47] The Commission noted that the evolution of the
    teleservices industry had progressed to the point where dialing
    lists of numbers was far more cost effective, but that the basic
    function of such dialing equipment, had not changed---the capacity
    to dial numbers without human intervention. The Commission noted
    that it expected such automated dialing technology to continue to
    develop and that Congress had clearly anticipated that the FCC might
    need to consider changes in technology.[^48]

14. Moreover, the Commission noted that the TCPA does not ban the use of
    automated dialing technology.[^49] It merely prohibits such
    technologies from dialing emergency numbers, health care facilities,
    telephone numbers assigned to wireless services, and any other
    numbers for which the consumer is charged for the call. Such
    practices were determined by Congress to threaten public safety and
    inappropriately shift costs to consumers. Most importantly, the
    Commission said that, to find that calls to emergency numbers,
    health care facilities, and wireless numbers are permissible when
    the dialing equipment is paired with predictive dialing software and
    a database of numbers, but prohibited when the equipment operates
    independently of such lists, would be inconsistent with the avowed
    purpose of the TCPA and the intent of Congress in protecting
    consumers from such calls.[^50] ACA raises no new information about
    predictive dialers that warrants reconsideration of these
    findings.[^51] With this ruling, however, creditors and debt
    collectors may use predictive dialers to call wireless phones,
    provided the wireless phone number was provided by the subscriber in
    connection with the existing debt.[^52] We note, however, that where
    the subscriber has not made the number available to the creditor
    regarding the debt, we expect debt collectors to be able to utilize
    the same methods and resources that telemarketers have found
    adequate to determine which numbers are assigned to wireless
    carriers,[^53] and to comply with the TCPA's prohibition on
    telephone calls using an autodialer or an artificial or prerecorded
    voice message to wireless numbers.[^54]

#  Procedural MATTERs

15. To request materials in accessible formats (such as Braille, large
    print, electronic files, or audio format), send an e-mail to
    fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at
    202-418-0530 (voice), 202-418-0432 (TTY). This Declaratory Ruling
    can also be downloaded in Word and Portable Document Format at
    http://www.fcc.gov/cgb/policy.

# Ordering Clauses

16. Accordingly, IT IS ORDERED that, pursuant to Sections 1-4, 227, and
    303(r) of the Communications Act of 1934, as amended, 47 U.S.C. §§
    151-154, 227 and 303(r); and Section 64.1200 of the Commission's
    rules, 47 C.F.R. § 64.1200, this Declaratory Ruling in CG Docket No.
    02-278 IS ADOPTED as set forth herein.

17. 

18. IT IS FURTHER ORDERED that the Request for Clarification filed by
    ACA International in CG Docket 02-278 on October 4, 2005 and
    supplemented by ACA on April 26, 2006, IS GRANTED insofar as ACA
    seeks clarification that autodialed and prerecorded message calls to
    wireless numbers that are provided by the called party to a creditor
    in connection with an existing debt are permissible as calls made
    with the "prior express consent" of the called party, AND in all
    other respects, IS DENIED.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Marlene H. Dortch
>
> Secretary

[^1]: ACA International Petition for an Expedited Clarification and
    Declaratory Ruling filed October 4, 2005 (*Petition*). ACA describes
    itself as an international trade organization of credit and
    collection companies that provide a wide variety of accounts
    receivable management services. ACA represents approximately 5,800
    company members ranging from credit grantors, collection agencies,
    attorneys, and vendor affiliates.

[^2]: Debt collection calls are regulated primarily by the Federal Trade
    Commission and are subject to the requirements of the Fair Debt
    Collection Practices Act (FDCPA), which prohibits abusive,
    deceptive, and otherwise improper collection practices by
    third-party collectors. 15 U.S.C. § 1692 *et seq.*

[^3]: Telephone Consumer Protection Act of 1991, Pub. L. No. 102-243,
    105 Stat. 2394 (1991), *codified at* 47 U.S.C. § 227 (TCPA). The
    TCPA amended Title II of the Communications Act of 1934, 47 U.S.C. §
    201 *et seq*.

[^4]: The TCPA directs the Commission, after comparing and evaluating
    "alternative methods," to adopt rules "concerning the need to
    protect residential telephone subscribers\' privacy rights to avoid
    receiving telephone solicitations to which they object." 47 U.S.C. §
    227(c)(1)-(4).

[^5]: 47 U.S.C. § 227(b).

[^6]: Under the TCPA, the term "automatic telephone dialing system"
    means "equipment which has the capacity -- (A) to store or produce
    telephone numbers to be called, using a random or sequential number
    generator; and (B) to dial such numbers." 47 U.S.C. § 227(a)(1).

[^7]: 47 U.S.C. § 227(b)(1)(A). ("It shall be unlawful for any person
    within the United States or any person outside the United States if
    the recipient is within the United States---(A) to make any call
    (other than a call made for emergency purposes or made with the
    prior express consent of the called party) using any automatic
    telephone dialing system or an artificial or prerecorded voice---(i)
    to any emergency telephone line (including any "911" line and any
    emergency line of a hospital, medical physician or service office,
    health care facility, poison control center, or fire protection or
    law enforcement agency); (ii) to the telephone line of any guest
    room or patient room of a hospital, health care facility, elderly
    home, or similar establishment; or (iii) to any telephone number
    assigned to a paging service, cellular telephone service,
    specialized mobile radio service, or other radio common carrier
    service, or any service for which the called party is charged for
    the call\[.\]").

[^8]: 47 U.S.C. § 227(b)(1)(B). Subsection 227(b)(1)(B) provides:

    > It shall be unlawful for any person within the United States or
    > any person outside the United States if the recipient is within
    > the United States - (B) to initiate any telephone call to any
    > residential telephone line using an artificial or prerecorded
    > voice to deliver a message without the prior express consent of
    > the called party, unless the call is initiated for emergency
    > purposes or is exempted by rule or order by the Commission under
    > paragraph (2)(B)\[.\]

    *Id.* *See also* 47 C.F.R. § 64.1200(a)(2).

[^9]: 47 U.S.C. § 227(b)(2)(B)(i) and (ii). Subsection (2)(B) states:

    > The Commission shall prescribe regulations to implement the
    > requirements of this subsection. In implementing the requirements
    > of this subsection, the Commission -- (B) may, by rule or order,
    > exempt from the requirements of paragraph (1)(B) of this
    > subsection, subject to such conditions as the Commission may
    > prescribe -- (i) calls that are not made for a commercial purpose;
    > and (ii) such classes or categories of calls made for commercial
    > purposes as the Commission determines---(I) will not adversely
    > affect the privacy rights that this section is intended to
    > protect; and (II) do not include the transmission of any
    > unsolicited advertisement...

    47 U.S.C. § 227(b)(2)(B).

[^10]: 47 U.S.C. § 227(b)(2)(C).

[^11]: *Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, CC Docket No. 92-90, Report and Order, 7
    FCC Rcd 8752 (1992) (*1992 TCPA Order*); *see also* 47 C.F.R. §
    64.1200.

[^12]: 47 C.F.R. § 64.1200(a)(2).

[^13]: *1992 TCPA Order*, 7 FCC Rcd at 8769-73, paras. 32-39. These
    exemptions included calls that are: 1) not made for a commercial
    purpose; 2) made for a commercial purpose but not do include the
    transmission of any unsolicited advertisement, 3) made to any person
    with whom the caller has an established business relationship; or 4)
    made by a tax-exempt nonprofit organization.

[^14]: *1992 TCPA Order*, 7 FCC Rcd at 8773, para. 39.

[^15]: *See* 47 C.F.R. § 64.1200(a)(1). The Commission also determined
    that cellular carriers need not obtain additional consent from their
    cellular subscribers prior to initiating autodialer and artificial
    prerecorded message calls for which the cellular subscriber is not
    charged. *1992 TCPA Order*, 7 FCC Rcd at 8775, para. 45.
    ("...neither TCPA nor the legislative history indicates that
    Congress intended to impede communications between radio common
    carriers and their customers regarding the delivery of customer
    services by barring calls to cellular subscribers for which the
    subscriber is not called \[sic\]"). However, the Commission
    determined that market research calls delivered by autodialers to
    cellular customers were prohibited by the TCPA absent the prior
    express consent of the subscriber. *Id.* at para. 45.

[^16]: *Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, CC Docket No. 92-90, Memorandum Opinion and
    Order, 10 FCC Rcd 12391, 12397-98, para. 14 (1995) (*1995 TCPA
    Reconsideration Order*).

[^17]: *1995 TCPA Reconsideration Order, 10 FCC Rcd* at 12400, para. 17
    ("We have specifically noted that 'prerecorded debt collection calls
    \[are\] exempt from the prohibitions on \[prerecorded\] calls to
    residences as . . . commercial calls . . . which do not transmit an
    unsolicited advertisement'" (*citing 1992 TCPA Order*, 7 FCC Rcd at
    8773, para. 39)).

[^18]: *See 1995 TCPA Reconsideration Order*, 10 FCC Rcd at 12400-01,
    paras. 17 and 19. *See also 1992 TCPA Order*, 7 FCC Rcd at 8773,
    para. 39 ("With respect to concerns regarding compliance with both
    the \[Fair Debt Collection Practices Act\] and our rules in
    prerecorded message calls, we emphasize that the identification
    requirements will not apply to debt collection calls because such
    calls are not autodialer calls (i.e., dialed using a random or
    sequential number generator) and hence are not subject to the
    identification requirements for prerecorded messages in
    64.1200(e)(4) of our rules").

[^19]: *Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, Notice of Proposed Rulemaking and
    Memorandum Opinion and Order, 17 FCC Rcd 17459, CG Docket No. 02-278
    and CC Docket No. 92-90 (2002) (*2002 NPRM*). In the *2002 NPRM*,
    and as relevant here, the Commission sought specific comment on the
    definition of "automatic telephone dialing system," and whether it
    was necessary to identify the technologies section 227 is designed
    to address. The Commission also asked whether a predictive dialer is
    subject to the ban on calls to emergency lines, health care
    facilities, paging services, and any service for which the called
    party is charged for the call. *2002 NPRM*, 17 FCC Rcd at 17473-75,
    paras. 23 and 26.

[^20]: *Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, CG Docket No. 02-278, Report and Order, 18
    FCC Rcd 14014 (2003) (*2003 TCPA Order*).

[^21]: *2003 TCPA Order*, 18 FCC Rcd at 14115, para. 165. *See* 47
    U.S.C. § 227(b)(1), which contains exceptions for calls made for
    emergency purposes or made with the prior express consent of the
    called party.

[^22]: *Id*. The Commission also noted that callers have no way to
    determine how consumers are charged for their wireless service.
    *Id.*

[^23]: The Commission explained in its *2003 TCPA Order* that "a
    predictive dialer is equipment that dials numbers and, when certain
    computer software is attached, also assists telemarketers in
    predicting when a sales agent will be available to take calls. The
    hardware, when paired with certain software, has the capacity to
    store or produce numbers and dial those numbers at random, in
    sequential order, or from a database of numbers. . . \[i\]n most
    cases, telemarketers program the numbers to be called into the
    equipment, and the dialer calls them at rate to ensure that when a
    consumer answers the phone, a sales person is available to take the
    call." *See 2003 TCPA Order*, 18 FCC Rcd at 14091, para. 131.

[^24]: *2003 TCPA Order*, 18 FCC Rcd at 14093, para. 133.

[^25]: *See supra* note 1. *See also Petition* at 12.

[^26]: *Petition* at 11-12.

[^27]: *Petition* at 14-20 (citing statements from the Commission that
    debt collection calls constitute neither telephone solicitations nor
    include unsolicited advertisements).

[^28]: *Consumer & Governmental Affairs Bureau Seeks Comment on ACA
    International's Petition for an Expedited Clarification and
    Declaratory Ruling Concerning the Telephone Consumer Protection Act
    (TCPA) Rules*, Public Notice, 21 FCC Rcd 3600 (2006). Comments were
    due May 11, and replies were due May 22, 2006. *See* 71 Fed. Reg.
    24634 (April 26, 2006).

[^29]: ACA International's Supplemental Submission to Petition for an
    Expedited Clarification and Declaratory Ruling, filed April 26, 2006
    (*Supplemental Submission*). For purposes of this Declaratory
    Ruling, we treat ACA's supplemental petition as part of its original
    petition.

[^30]: *See, e.g.,* American Bankers Association and Consumer Bankers
    Association Comments (arguing that the relief requested by ACA
    should be extended to include all calls made using predictive
    dialers to wireless telephone numbers of existing customers),
    American Financial Services Association Comments, Chase Home Finance
    LLC Comments, Credit Management, LP Comments, Global Acceptance
    Credit Company Comments, Equinox Collection Service, Inc. Comments,
    National Association of Retail Collection Attorneys Comments. *See
    also* AT&T Comments, Direct Marketing Association Comments, Verizon
    Comments.

[^31]: *See, e.g.,* Electronic Privacy Information Center (EPIC)
    Comments, National Association of State Utility Consumer Advocates
    (NASUCA) Comments, Robert Biggerstaff Comments, Office of the
    Indiana Attorney General Comments, Privacy Rights Clearinghouse
    Comments.

[^32]: 47 U.S.C. § 227(b)(1)(A).

[^33]: *See, e.g.,* Verizon Comments and AT&T Comments.

[^34]: *See 1992 TCPA Order*, 7 FCC Rcd at 8769, para. 31 (citing House
    Report, 102-317, 1^st^ Sess., 102^nd^ Cong. (1991) at 13, "noting
    that in such instances the called party has in essence requested the
    contact by providing the caller with their telephone number for use
    in normal business communications"). The Commission also noted,
    however, that if a caller's number is "captured" by a Caller ID or
    an ANI device without notice to the residential telephone
    subscriber, the caller cannot be considered to have given an
    invitation or permission to receive autodialer or prerecorded voice
    message calls. *Id.*

[^35]: H.R. Rep. 102-317 at 17.

[^36]: *See Petition* at 5 ("The purpose of these telephone
    communications is to recover payment for obligations owed to
    creditors...They are limited to customers of creditors who have
    received a product without payment. Typically the telephone number
    is provided by the customer for purposes or receiving calls, for
    example, as part of a credit application").

[^37]: We encourage creditors to include language on credit applications
    and other documents informing the consumer that, by providing a
    wireless telephone number, the consumer consents to receiving
    autodialed and prerecorded message calls from the creditor or its
    third party debt collector at that number. *See, e.g.,* EPIC
    Comments at 5 (creditors should be directed to obtain express
    authorization from customers in writing).

[^38]: A third party collector may also be liable for a violation of the
    Commission's rules. In addition, prior express consent provided to a
    particular creditor will not entitle that creditor (or third party
    collector) to call a consumer's wireless number on behalf of other
    creditors, including on behalf of affiliated entities.

[^39]: 47 U.S.C. § 227(b)(1)(A)(iii). *See also 2003 TCPA Order*, 18 FCC
    Rcd at 14115, para. 165.

[^40]: *See* 47 U.S.C. § 227(b)(1)(A)(iii). *See also* 137 Cong. Rec.
    S18781-02, S18785 (Nov. 27, 1991) (Statement from Senator Pressler
    that "\[t\]his bill also allows hospitals, police stations, fire
    stations, and owners of paging and cellular equipment to eliminate
    all unsolicited calls").

[^41]: In the *2003 TCPA Order*, the Commission stated that "the act of
    'terminating' an established business relationship will not hinder
    or thwart creditors' attempts to reach debtors by telephone, to the
    extent that debt collection calls constitute neither telephone
    solicitations nor include unsolicited advertisements." *See 2003
    TCPA Order*, 18 FCC Rcd at 14079, para. 113 n.358.

[^42]: *See* 47 C.F.R. § 64.1200(e). For example, the National
    Do-Not-Call List does not apply to calls that do not fall within the
    definition of "telephone solicitation" as defined in section
    227(a)(3). These include surveys, market research, and political or
    religious speech calls. *See 2003 TCPA Order,* 18 FCC Rcd at
    14039-40, para. 37.

[^43]: *Supplemental Submission* at 4-18. *See also* *supra* note 23.

[^44]: *Supplemental Submission* at 6, 10.

[^45]: *2002 NPRM*, 17 FCC Rcd at 17475, para. 26.

[^46]: *See supra* note 6.

[^47]: *2003 TCPA Order*, 18 FCC Rcd at 14092-93, para 133.

[^48]: *See 2003 TCPA Order*, 18 FCC Rcd at 14091-92, para. 132
    (*citing* 137 Cong. Rec. S18784 (1991) (statement of Sen. Hollings)
    ("The FCC is given the flexibility to consider what rules should
    apply to future technologies as well as existing technologies").

[^49]: Debt collectors may use autodialing technology to call wireline
    numbers. Debt collection calls fall within the exemption for
    prerecorded calls that are commercial, but do not include an
    unsolicited advertisement. *See 1995 TCPA Reconsideration Order*, 10
    FCC Rcd at 12400, para. 17.

[^50]: *2003 TCPA Order*, 18 FCC Rcd at 14092-93, para. 133.

[^51]: *See Rules and Regulations Implementing the Telephone Consumer
    Protection Act of 1991*, CG Docket No. 02-278, Second Order on
    Reconsideration, 20 FCC Rcd 3788 (2005) (declining to reconsider the
    Commission's rules on predictive dialers and abandoned calls).

[^52]: *See* *supra* para. 9*.*

[^53]: *See 2003 TCPA Order*, 18 FCC Rcd at 14117, para. 170. *See also
    Rules and Regulations Implementing the Telephone Consumer Protection
    Act of 1991*, Order, 19 FCC Rcd 19215 (2004) (establishing a limited
    safe harbor period from the prohibition on placing automatic
    telephone dialing system (autodialed) or prerecorded message calls
    to wireless numbers when such calls are made to numbers that have
    been recently ported from wireline service to wireless service).

[^54]: *See 2003 TCPA Order*, 18 FCC Rcd at 14117, para. 170. *See also*
    DMA Wireless Number Suppression List at
    http://preference.the-dma.org/products/wireless.shtml. Neustar also
    has available a service that provides data on numbers ported from
    wireline to wireless service on a daily basis. *See*
    [http://www.tcpacompliance.com/]{.underline}. ACA contends that the
    use of such databases is "inherently deficient" and not a viable
    solution for ACA members*. See Supplemental Submission* at 29.