FCC Commissioner Calls for TCPA Clarification

An FCC commissioner has expressed empathy for the business community’s desire for clarification regarding restrictions on unsolicited contact with consumers.

Early this April, Commissioner Michael O’Rielly of the Federal Communications Commission addressed the Association of National Advertisers. He raised the issue of expanding the FCC’s regulatory authority under the Telephone Consumer Protection Act, or TCPA. New FCC decisions and court opinions have left some business leaders uncertain as to what does or does not constitute a TCPA violation.

The Telephone Consumer Protection Act

Congress passed the TCPA in 1991 to restrict telemarketing via phone and fax. The TCPA places strict limitations on how businesses can contact consumers. Among other restrictions, it prohibits businesses from calling persons who have not given them permission to contact them. Businesses must offer their customers the option of opting out of receiving calls or text messages. Companies are required to maintain their own lists of customers who opt out and to honor their request not to be contacted, and persons who have listed themselves on the National Do Not Call Registry are also off limits.

The TCPA also forbids the use of automated dialing mechanisms and pre-recorded outgoing messages, both known as “robocalls.” It prohibits calling outside of particular daytime hours and failing to identify the person or business on whose behalf the call is made. The Act provides for minimum damage awards of $500 to $1,500 per violation, or possibly more according to what damages the victim is able to prove.

The FCC’s Expanding Authority

Commissioner O’Rielly noted that recent decisions by courts and the FCC itself have legally expanded the reach of the TCPA so much that some legitimate businesses avoid making phone contact with their existing customers. Petitions before the FCC have raised questions as to whether it violates the TCPA for a health care provider to call patients to tell them their lab results, for a bank to notify customers of possible fraudulent activity on their credit card, or for a company to offer ways to mitigate a possible imminent default on a mortgage or student loan. The resulting uncertainty as to TCPA compliance leaves some companies afraid to make the communications necessary for their business for fear they will be exposed to a TCPA lawsuit.

Commissioner O’Rielly dismissed concerns expressed by some consumer groups that in clarifying the new rules, the FCC will relax existing regulations and unleash a new era of robocalls. He cited reports that consumers actually appreciate getting information as long as it is both timely and relevant. He also frowned on the idea that companies should not be allowed to use automatic electronic mechanisms to dial numbers, saying that manually dialing each and every call is an unrealistic option for some companies.

In his remarks, Commissioner O’Rielly mentioned that recent FCC decisions and court rulings have broadened the scope of the TCPA, likely resulting in new exposure to TCPA lawsuits for many companies. If the FCC broadens its interpretation of the Act, more and more companies’ actions will be classified as TCPA violations.

A TCPA attorney can give potential claimants up-to-date advice on whether their rights under the TCPA have been violated by unsolicited contact and whether they may be entitled to compensation.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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