Highest Rated Comments


LadyMacDownvote26 karma

The FCC explained why land lines and cell phones are different in a robocalling case last year, Dialing Services.

Quoting the FCC:

Congress set different boundaries for calls to wireless devices than it set for other communications. In this regard, Congress permitted certain types of prerecorded voice messages or artificial voice calls to landlines even without the consent of the called party but granted no such latitude regarding wireless devices. Given the legislative history of the TCPA, Congress’ intent with respect to calls to mobile phones is clear: “The bill would accomplish the following . . . ban all autodialed calls, and artificial or prerecorded calls, to emergency lines and paging and cellular phones.”

The Commission adopted rules implementing the TCPA in Section 64.1200 of the Commission’s rules (Rules). The Commission recognized Congress’ clear intent to give greater protection to wireless phones than to landlines, and adopted rules that effectively mirrored the statutory protections. As the FCC explained:

Congress found that automated or prerecorded telephone calls were a greater nuisance and invasion of privacy than live solicitation calls. Moreover, such calls can be costly and inconvenient. The Commission has long recognized, and the record in this proceeding supports the same conclusion, that wireless customers are charged for incoming calls whether they pay in advance or after the minutes are used. Wireless subscribers who purchase a large “bucket” of minutes at a fixed rate nevertheless are charged for those minutes, and for any minutes that exceed the “bucket” allowance. This “bucket” could be exceeded more quickly if consumers receive numerous unwanted telemarketing calls.

As the Commission noted above, Congress understood that consumers feel the sting of unwanted robocalls both to their privacy and their pocketbook.