In 2018, the Federal Communications Commission (FCC) addressed of “the problem of unwanted calls to consumers with numbers reassigned from a previous consumer by establishing a single, comprehensive Reassigned Number Database” (RND). Callers reaching out to consumers can “check the database to ensure they reach consumers that expect their calls and avoid calling consumers with reassigned numbers who may not wish to receive the call.” In checking, the caller may be eligible for a “safe harbor” provided under the Commission’s rules (47 C.F.R. § 64.1200(m)).

On April 7, 2022, the FCC’s Consumer and Governmental Affairs Bureau (Bureau) clarified that “a caller that otherwise meets the criteria for the safe harbor does not need to perform the query of the database itself, but may instead rely on a query made on its behalf by a duly authorized agent.” However, the Bureau noted that “[c]allers should be aware that they, not their agents, are responsible for providing proof that the most recent version of the database was queried and it returned an erroneous response.6 Further, the caller should be prepared to prove that it authorized the agent to query the database on its behalf prior to making the calls at issue.

On April 8, 2022, the FCC announced that it was making the RND “more affordable and valuable for callers as a resource to reduce the number of unwanted phone calls Americans receive. The FCC has updated its subscriber rate structure to support access by callers so they can avoid making unwanted calls and clarified its safe harbor rules to encourage the use of the database.” Specific information about RND pricing can be found at the RND website at https://www.reassigned.us/.