FCC Rules (47 C.F.R. § 64.1200): Research Guide

Where to read it

• eCFR, current text: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• eCFR, point-in-time versions: the eCFR lets you view the regulation as it stood on an earlier date, which is useful when a dispute concerns older calls.
• Federal Register: amendments appear here first, with their effective dates: https://www.federalregister.gov/

The eCFR is an editorial compilation. For the legal edition, use the annual Code of Federal Regulations and the Federal Register on GovInfo.

How § 64.1200 is laid out

Paragraphs to know

Prior express written consent, § 64.1200(f)(9). An agreement, in writing, bearing the signature of the person called, that clearly authorizes the seller to deliver telemarketing calls using an autodialer or an artificial or prerecorded voice to a specified number. It must include a clear and conspicuous disclosure that the person is not required to sign as a condition of purchase. Electronic signatures count to the extent recognized under federal or state law.

Revocation of consent, § 64.1200(a)(10). As of this writing, a called party may revoke consent "by using any reasonable method to clearly express a desire not to receive further calls or text messages." Certain methods, such as replying "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" to a text, are reasonable per se. Additionally, the called party's revocation must be honored "within a reasonable time not to exceed ten business days," and the current text states that a caller "may not designate an exclusive means" to revoke. This was adopted in FCC 24-24 (released February 16, 2024).

Do Not Call safe harbor, § 64.1200(c)(2). A seller can avoid liability for an inadvertent call to a number on the National Do Not Call Registry if it meets several conditions, including using a version of the registry obtained no more than 31 days before the call and keeping records of that process.

Do-not-call requests, § 64.1200(d). The request not to receive further calls must be honored for five years from the date of the request.

Reassigned numbers safe harbor, § 64.1200(m). A caller that had prior express consent is not liable for a call to a number that has since been reassigned if it proves that it checked the Reassigned Numbers Database, received a "no" response showing the number had not been permanently disconnected since consent was obtained, and meets the rule's other conditions. The burden of proof is on the caller.

Recent changes and status

Research tips

• Check the date of the calls. The rule has changed often. Use the eCFR point-in-time feature for the version in force when the calls were made.
• Check for waivers and stays. A rule can be on the books but waived or delayed by a separate order, as with the "revoke all" provision.
• Read the order, not just the rule. FCC orders explain what a rule means and often contain clarifications that never appear in the regulation's text.
• Remember the courts. After McLaughlin Chiropractic v. McKesson, courts in enforcement suits are not bound by the FCC's interpretation of the statute, and some courts have read the statute differently from the FCC's rules.