FCC Takes First Steps to Clarify TCPA Rules
By Matt Gibson
The GroupMe Declaratory Ruling
As described in the FCC’s Declaratory Ruling, GroupMe provides a free text/SMS messaging service for groups of up to 50 members. After agreeing to GroupMe's terms of service – which include a representation that the group owner has obtained all necessary consents under the TCPA – a group owner can register wireless phone numbers to receive text messages through the service. Users can then communicate over the GroupMe mobile app or over standard text or SMS messaging.
The meaning of the term “capacity” in the statutory and regulatory definition of “automatic telephone dialing system” (ATDS); and
Whether the consents required under the TCPA may be given through intermediaries.
Because other parties
The CAA Order
In response to an unopposed petition (which we discussed in an
A notification must be sent, if at all, only to the telephone number for the package recipient;
Notifications must identify the name of the delivery company and include contact information for the delivery company;
Notifications must not include any telemarketing, solicitation, or advertising content;
Voice call and text message notifications must be concise, generally one minute or less in length for voice calls and one message of 160 characters or less in length for text messages;
Delivery companies shall send only one notification (whether by voice call or text message) per package, except that one additional notification may be sent to a consumer for each of the following two attempts to obtain the recipient’s signature when the signatory was not available to sign for the package on the previous delivery attempt;
Delivery companies relying on this exemption must offer parties the ability to opt out of receiving future delivery notification calls and messages and must honor the opt-out requests within a reasonable time from the date such request is made, not to exceed thirty days; and,
Each notification must include information on how to opt out of future delivery notifications; voice call notifications that could be answered by a live person must include an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make an opt-out request prior to terminating the call; voice call notifications that could be answered by an answering machine or voice mail service must include a toll-free number that the consumer can call to opt out of future package delivery notifications; text notifications must include the ability for the recipient to opt out by replying “STOP.” (Source:CAA Order.)
Although other petitions remain pending, it is encouraging to see the FCC taking some initial steps to clarify the applicability of the TCPA in certain contexts.
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