In its July 10, 2015 TCPA Omnibus Declaratory Ruling and Order, the Federal Communications Commission unfairly lumps legitimate businesses in with the telemarketing abusers that the Telephone Consumer Protection Act (TCPA) was intended to deter. Highlights within the ruling include:
- An Expansive Definition of “Automatic Telephone Dialing System” or “Autodialer”
- Liability for Calling Reassigned/Wrong Wireless Numbers With Only a Strict “One Call” Exception
- Revocation of Consent Can Be Made By “Any Reasonable Means”
- Text Messages Are Covered by the TCPA
- One-Time Responses to “On Demand” Text Messages are not Telemarketing
- Voluntarily Providing a Phone Number Can Be Prior Express Consent for Non-Telemarketing Healthcare Calls
- Exemptions for Free Informational Calls by Certain Banking and Healthcare Institutions
Click here to read the issued Client Alert.