FCC Establishes Reassigned Phone Number Database
The Federal Communications Commission adopts rules for its new database aimed at reducing the number of unwanted calls to reassigned phone numbers.
Each year, approximately 35 million telephone numbers in the United States are disconnected and then reassigned to a new subscriber. This turnover creates a vexing problem for entities (such as medical care providers, merchants, and others) who had received permission to call the original subscriber but who now find themselves talking to the wrong party and, perhaps, a lawyer threatening a class action under the Telephone Consumer Protection Act ("TCPA").
The Federal Communications Commission ("FCC") recently has adopted rules to establish a new, nationwide database in an effort to reduce the number of unwanted phone calls to reassigned telephone numbers. The new regulation reflects the FCC's acknowledgement that calls to reassigned numbers can result in legitimate business callers becoming subject to litigation.
Among other things, the FCC's new rule establishes what the FCC calls "a single, comprehensive database with information provided by phone companies that callers will be able to use to avoid calling reassigned numbers." The database "will enable any caller to verify whether a telephone number has been reassigned before calling that number." The rule requires a 45-day minimum aging period before permanently disconnected phone numbers can be reassigned and requires monthly reports from various providers regarding permanently disconnected numbers. The database will be available only to callers who agree in writing that the caller (and any agents) will use the database solely to determine whether a number has been permanently disconnected as of a date provided by the caller.
To encourage callers to use the database, the FCC "is providing callers a safe harbor from liability for any calls to reassigned numbers caused by database error," according to the FCC's press release. In practice, this means callers seeking to invoke the safe harbor must show that they checked the database at least once every 30 days in order to ensure they have the most current information about the numbers they seek to call.
The FCC's press release does not explicitly address the potential impact that the new database will have on "reassigned number" cases under the TCPA. Nevertheless, it is certain that issues related to the new database will find their way into TCPA litigation landscape.
Lawyer Contacts
For further information, please contact your principal Firm representative or the lawyers listed below. General email messages may be sent using our "Contact Us" form, which can be found at www.jonesday.com/contactus/.
William Dolan
Chicago
+1.312.269.4362
wdolan@jonesday.com
J. Todd Kennard
Columbus
+1.614.281.3989
jtkennard@jonesday.com
Michael B. Hazzard
Washington
+1.202.879.5439
mhazzard@jonesday.com
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our "Contact Us" form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.
