(Ruling issued July 10, 2015)<\/p>\n
In July, the Federal Communications Commission (FCC) published its Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling. In effect, the new Ruling places heavy burdens on businesses that use electronic telephone systems to reach consumers via phone calls or text message.<\/p>\n
The TCPA permits the FCC to regulate telephone solicitation and the use of automatic telephone dialing equipment (\u201cAutodialers\u201d), including phone calls and text messages to consumers. Among its provisions, the TCPA prohibits the use of Autodialers to call or text an individual without his or her prior express written consent. However, the TCPA\u2019s broad and imprecise definition of an Autodialer, along with its silence on what constitutes prior express written consent, creates problems for businesses that face civil liability under the TCPA (up to $500 per call <\/em>that violates the rules).<\/p>\n Business owners should beware. While the July ruling effectively clarifies the FCC\u2019s interpretation of the TCPA, it now also favors consumers by placing substantial burdens on businesses that call or send text messages to consumers with electronic dialing equipment. For example, consider the following:<\/p>\n\n
\n
\n