Business Groups Seek Rollback of FCC Text Spam Protections
By John Curran
Companies that rely on text messages and calls using robo-dialing machines to reach customers are fighting back against stricter Federal Communications Commission (FCC) rules that went into effect on Oct. 16, 2013, which are designed to limit the amount of text message spam and unwanted calls that consumers receive. Three separate organizations have sent petitions seeking clarification on both the definition of an automated telephone dialing system and whether the new policy applies to existing customers.
The Digital Marketing Association (DMA) and a coalition of mobile advertising firms are worried that the new rules will force them to ask existing customers or recipients of marketing material to obtain their consent again. The DMA argues that the new policy is inconsistent even though the original policy documents from the FCC noted that they matched existing rules from sister federal agency the Federal Trade Commission (FTC).
Other concerns for companies worried about being the subject of text spam class action lawsuits is the definition of “automated telephone dialing system,” which is currently defined as “any equipment that has the specified capacity to generate numbers and dial them without human intervention regardless of whether the numbers called are randomly or sequentially generated or come from calling lists.” According to this definition, machines do not have to create random numbers to violate the Telephone Consumer Protection Act (TCPA).
For now, consumers should benefit from protections against text message spam because of clear opt-in requirements, although the forms can be on websites or a response to SMS messages. It is unclear whether or not the FCC will change the policies based on the requests, but that will take months to occur.
Outsourced call center services are already trying to adjust to the new rules. One company reportedly offers a “TCPA Safe Mode” that supposedly makes it impossible for companies to use predictive dialing while taking advantage of the product and includes a “whitelist’ for customers who have already opted in to a marketing program.
If you or someone you know has received unwanted messages or robo-calls in violation of the TCPA, you may be able to pursue a legal remedy or join one of a number of ongoing text spam class action lawsuits. First, you must find out whether or not you are eligible to do so. Get started at the Text Message Spam, Cell Phone Call TCPA Class Action Lawsuit Settlement Investigation. You can get a free legal consultation regarding your potential case by filling out the short form there.
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