FCC issues two important TCPA decisions

The Federal Communications Commission (FCC) has adopted two Telephone Consumer Protection Act (TCPA) decisions that significantly affect compliance obligations for a wide range of organisations that make or facilitate voice calls or text messages to consumers. In the first order, the Cargo Airline Association (CAA), represented by Hogan Lovells, obtained a first-of-its-kind exemption from the TCPA’s ‘prior express consent’ restriction on auto-dialed and pre-recorded telephone calls and text messages to wireless telephone numbers. In a second decision granting in part a petition filed by GroupMe, the FCC clarified that a consumer’s ‘prior express consent’ to receive auto-dialed text messages on his or her wireless telephone number may be obtained through and conveyed by an intermediary. More details are discussed below.

CAA order: the FCC granted the CAA petition after two rounds of public comment that showed widespread support for non-telemarketing package delivery notifications. CAA requested an exemption from the TCPA’s ‘prior express consent’ requirement for non-telemarketing, package delivery notifications to consumers. It offered to provide the voice and text notifications ‘free to the end user’, with no per-minute or per-text charge to the consumer and no reduction in the consumer’s ‘bucket’ of minutes or text messages. It also acknowledged that certain conditions could be adopted to protect consumers’ privacy interests.

Based on these commitments, the FCC determined that CAA’s request was in the public interest and stated that the notifications are ‘the types of normal, expected communications the TCPA was not designed to hinder’. The FCC granted the exemption request — the first one of its kind — and adopted the following conditions on the free-to-end-user exemption…

Click on the link below to read the rest of the Hogan Lovells briefing.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer


Atlantic House
Holborn Viaduct

Turnover (£m): 1,030.00
No. of lawyers: 2,280
(UK 200)
Jurisdiction: UK
No. of offices: 9
No. of qualified lawyers: 206 (International 50)