Text Messaging

Yesterday, the FCC released an Enforcement Advisory to remind political campaigns about their obligations under the Telephone Consumer Protection Act (“TCPA”).  The Advisory did not set forth any new rules for calls and texts; rather, it confirmed existing rules and reminded political campaigns that they are subject to them.

The Advisory first confirmed that prerecorded or autodialed calls to mobile phones are prohibited, except in cases of emergencies, federal debt collection, or with the prior express consent of the recipient.  The Advisory then summarized the requirements for prerecorded or autodialed calls to landline phones, including identification and line seizure requirements. 
Continue Reading FCC Releases TCPA Enforcement Advisory Directed to Political Campaigns

Last week, the governor of Connecticut signed into law a new requirement that extends compliance with the state’s existing Do-Not-Call registry to promotional text messages (SMS).  Specifically, the law amends the definition of a “telephonic sales call” to include a “text or media message sent by or on behalf of…

Continue Reading New Connecticut Law Adds Promotional SMS to State “Do Not Call” Registry Rules; Prohibits Promotional SMS to Numbers Not on State Registry Absent “Prior Express Written Consent”

Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls…

Continue Reading Petitions to Forbear or Clarify New FCC TCPA Rules Filed

Last week, I spoke on a panel at the IAPP Privacy Academy about upcoming changes to FCC regulations governing the “prior express consent” requirement for, among other things, autodialed promotional text message and prerecorded call programs under the Telephone Consumer Protection Act (TCPA).  These changes will take effect next week…

Continue Reading New Rules for Autodialed Promotional Text Messages and Prerecorded Call Programs Come Into Effect Oct. 16

The Federal Communications Commission has ruled that companies may send a one-time text message to confirm that a subscriber has opted out of receiving text messages without violating the Telephone Consumer Protection Act (TCPA).  In the FCC’s view, if a consumer has consented to receiving text messages and subsequently opts…

Continue Reading FCC: Sending Opt-Out Confirmation Text Does Not Violate TCPA

Last week, a district court declined to stay a lawsuit against Google Inc. and group-texting service Slide, Inc. alleging a violation of the Telephone Consumer Protection Act (“TCPA”).  The court found that a related, ongoing proceeding at the Federal Communications Commission relating to the scope of the definitions of “consent&rdquo…

Continue Reading Companies Struggle With Lack Of Clarity Around TCPA And Text Messaging