Yesterday, the Federal Communications Commission (“FCC”) on its own motion released a Declaratory Ruling to confirm that the COVID-19 pandemic constitutes an “emergency” under the Telephone Consumer Protection Act (“TCPA”); as a consequence, hospitals, health care providers, state and local health officials, and other government officials may lawfully communicate through automated or prerecorded calls (which include text messages) information about the coronavirus and mitigation measures to mobile telephone numbers and certain other numbers (such as those of first responders) without “prior express consent.”
By way of background, absent “prior express consent,” the TCPA prohibits the transmission of an automated or prerecorded call to any mobile telephone number. However, this prohibition is subject to an “emergency purposes” exception. The TCPA does not define what constitute “emergency purposes,” but the FCC’s rules construe the term to mean “calls made necessary in any situation affecting the health and safety of consumers.”
Continue Reading FCC Clarifies that COVID-19 “Emergency Purposes” Calls/Text are Not Subject to “Prior Express Consent” Requirement