![]() Circuit court’s ruling in ACA International v. In order to provide some protection to good faith telemarketers who encountered these circumstances, the FCC adopted a rule whereby callers were allowed to make one phone call to a phone number that had been reassigned without being held liable for a violation-whether or not the call resulted in the caller being informed of the number’s reassignment. This safe harbor applied to situations in which callers mistakenly called a phone number for which they had previously received consent but had since been reassigned to another person. The FCC’s 2015 TCPA Omnibus Declaratory Ruling and Order established a one-call safe harbor for reassigned phone numbers. The Life & Death of the One Call Safe Harbor However, that safe harbor was vacated by a major court decision and nothing has taken its place. For a brief period, the Federal Communications Commission (FCC) had offered a safe harbor for reassigned numbers, colloquially known as the “one call” rule solution. Because consent is associated with the called party and not the phone number, a caller may mistakenly believe that they have proper consent to contact a particular phone number, not knowing that it has been reassigned to a new user. Reassigned numbers are a longstanding source of Telephone Consumer Protection Act (TCPA) risk.
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