- within Government, Public Sector and Coronavirus (COVID-19) topic(s)
On October 8, 2025, the Federal Communications Commission ("FCC") released a draft Notice of Proposed Rulemaking ("NPRM") that, if adopted, could restructure the landscape of telemarketing law. The NPRM appears to continue the FCC's efforts to reduce compliance obligations for law-abiding telemarketers. Among several key proposals related to the Telephone Consumer Protection Act ("TCPA"), is one that contemplates the elimination of company-specific internal Do Not Call ("DNC") rules.
A Brief Overview of the TCPA's Internal DNC Rules
As an initial matter, it is important to note that company-specific internal DNC rules are completely separate from the National DNC Registry rules. As our readers are aware, the TCPA's National DNC Registry provisions generally prohibit companies from placing telemarketing calls to consumers who have registered their telephone numbers on the National DNC list. With respect to internal DNC claims, once a consumer asks to be added to an internal DNC list, the applicable company is generally prohibited from contacting the consumer by telephone again. Additionally, internal DNC rules require that:
- Companies place the consumer's name, if provided, and telephone number on their internal DNC lists at the time the subject request is made;
- Companies promptly honor internal DNC requests, but in no case later than 10 business days from the date of each such request;
- Companies engaged in placing artificial and/or prerecorded voice calls have a written policy, available upon demand, for maintaining Do Not Call lists; and
- Companies train their personnel concerning the existence, and use, of their internal DNC lists.
How Does the FCC Propose to Modify Internal DNC Rules?
The NPRM proposes that internal DNC rules be repealed or streamlined due to what the FCC perceives to be redundancy with protections already afforded under National DNC rules. According to the NPRM, the internal DNC rules "permit consumers to stop telemarketing calls from individual callers on a case-by-case basis," while the National DNC rules prohibit "telemarketing calls from all callers except those that the consumer acts to permit on a case-by-case basis." Thus, it is the FCC's opinion, informed by two decades of observing the supplemental effects of the internal and National DNC rules, that the latter (when complimented by the TCPA's "anti-robocall" rules) provide sufficient protection for American consumers. Furthermore, the FCC believes that internal DNC rules, such as the obligation to train personnel concerning the implementation and use of internal DNC lists, create unique burdens for telemarketing companies.
Why is the NPRM Important to Your Business?
For over two decades, the TCPA's internal DNC rules have served as an additional hurdle for telemarketing companies that already scrub against the National DNC Registry. In addition, enterprising plaintiffs' attorneys have included internal DNC claims as a matter of course in their litigation papers in order to increase exposure and liability for TCPA lawsuit defendants.
The NPRM has only recently been issued and, at this time, merely seeks comment concerning the proposed changes. Nevertheless, as was the case following the near eradication of automatic telephone dialing system ("ATDS") claims by Facebook v. Duguid, if the FCC chooses to proceed with repeal, we can reasonably expect that TCPA plaintiffs will pivot from internal DNC claims, rather than go away. Accordingly, it is important that businesses continue to carefully comply with other provisions of the TCPA.
Similar Blog Posts:
The Telemarketer's Guide To Do-Not-Call Compliance
TCPA Text Class Action Against Wolf of Wall Street Dismissed
Duguid v. Facebook, Footnote 7: TCPA Landscape Significantly Altered by Ninth Circuit Decision
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
