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Inside Privacy Updates on Developments in Global Privacy & Data Security from Covington & Burling LLP

FCC Seeks Comment on Petitions to Forbear or Clarify New TCPA Rules

Posted in Federal Communications Commission

Earlier today, the FCC placed on public notice two petitions requesting that the agency clarify or forbear from enforcing certain aspects of its new TCPA regulations that went into effect on October 16, 2013.  Those regulations, which we summarized here, created, among other things, a new “prior express written consent” requirement for the transmission of automated “telemarketing” or “advertisement” text messages or prerecorded calls to mobile phones.  Both of the petitions for which comment is being sought take issue with the implementation of the “prior express written consent” requirement, though each in its own way.  You can read our summary of each petition and access copies here.

Based on the FCC’s public notice, comments on the petitions are due by December 2, with reply comments due by December 17.