FCC Public Notice Requests Stakeholders to Sound Off on Soundboard Technology

Last week, the Federal Communications Commission (“FCC”) issued a Public Notice seeking comment on a petition for an expedited declaratory ruling relating to how the Telephone Consumer Protection Act (“TCPA”) applies to the use of soundboard or avatar technology. Specifically, the FCC requests comment on whether “calls using recorded audio clips specifically selected and presented by a human operator in real-time, a tool generally referred to as ‘soundboard technology,’ do not deliver a ‘prerecorded message’ under the [TCPA].” Comments are due on March 15, 2019; the reply comment deadline is March 29, 2019. For the uninitiated, soundboard technology involves the use of snippets of recorded messages selected and played by a live operator to communicate with a call recipient in a real-time, two-way, interactive manner. The operator chooses the appropriate messages in response to the recipient’s specific statement…

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