The FCC was busy in November.  On November 18, the FCC posted an Enforcement Advisory on robotexting and consumer protection, and on November 21 published a blog on robocalls.  The FCC notes that the Advisory was issued to promote understanding of the clear limitations on the use of autodialed text messages, often referred to as “robotexts.”

The Advisory reminds us that the FCC’s TCPA rules apply to text messages as well as pre-recorded calls, and reiterates that “prior express written consent” is required for autodialed texts that include or introduce an advertisement, whereas “prior express consent” is required for messages that are not commercial in nature.