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B-335933 Mar 11, 2024 1 (2024-03-11)

handle is hein.gao/gaopzt0001 and id is 1 raw text is: G A ® U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-335933 March 11, 2024 The Honorable Maria Cantwell Chair The Honorable Ted Cruz Ranking Member Committee on Commerce, Science, and Transportation United States Senate The Honorable Cathy McMorris Rodgers Chair The Honorable Frank Pallone, Jr. Ranking Member Committee on Energy and Commerce House of Representatives Subject: Federal Communications Commission: Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991; Advanced Methods to Target and Eliminate Unlawful Robocalls Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Federal Communications Commission (FCC) entitled Targeting and Eliminating Unlawful Text Messages, Implementation of the Telephone Consumer Protection Act of 1991; Advanced Methods to Target and Eliminate Unlawful Robocalls (FCC 23-107). We received the rule on January 4, 2024. It was published in the Federal Register as a final rule on January 26, 2024. 89 Fed. Reg. 5098. This rule's stated effective date is March 26, 2024, except for the amendment to 47 C.F.R. § 64.1200(s), in instruction 5, which is effective July 24, 2024, and the amendment to 47 C.F.R. § 64.1200(f)(9), in instruction 6, which is effective January 27, 2025. The final rule requires terminating mobile wireless providers to block text messages from a particular number following notification from FCC. The rule also codifies that the National Do-Not-Call (DNC) Registry's protections extend to text messages. In addition, the rule encourages mobile wireless providers to make email-to-text, which FCC states is a major source of illegal texts, a service that consumers proactively opt into. Additionally, FCC states that the rule closes the lead generator loophole by requiring comparison shopping websites to get consumer consent one seller at a time, if prior express written consent is required under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and thus prohibits abuse of consumer consent by such websites. Finally, the rule adopts a limited waiver to allow providers to use the Reassigned Numbers Database (RND) to determine whether a number that FCC has ordered to be blocked has been permanently disconnected. FCC states that such waiver will help prevent blocking of lawful texts from a new subscriber to the number.

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