FCC TCPA Ruling Exempts Certain Clinical Trial Calls [telecom]

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by David O. Klein

In a January 15, 2021 ruling, the Federal Communications Commission ("FCC") exempted certain telephone calls from the Telephone Consumer Protection Act ("TCPA") ban on artificial or pre-recorded calls to residential lines. Acurian, Inc., a company that recruits participants for clinical trials, petitioned for the TCPA exemption, arguing that the calls at issue were not made for a commercial purpose, did not include any advertisements, and were otherwise not the type of intrusive telemarketing calls that the TCPA was intended to prohibit.

"Hi, this is Bill from the Study to Prevent Childhood-Induced Stupidity. Would you like to participate in a study that will benefit the effort to prevent Stupidity induced in childhood? Oh, Good! Thank you for your selfless act! Please tell me your Mastercard number to confirm your identity. It starts with a '5' ..."

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