At its Open Meeting on June 18, 2015, the Federal Communications Commission (“FCC”) adopted a significant Declaratory Ruling and Order to clarify aspects of the Telephone Consumer Protection Act (“TCPA”), namely, the use of automatic dialing systems and/or artificial or prerecorded voice messages to send telemarketing and informational calls and texts to consumers (“robocalls”). The Order follows a proposal circulated by FCC Chairman Wheeler last month to address nearly two dozen TCPA petitions filed with the FCC, “close loopholes” in the TCPA, and “crack down” on robocalls. The Order has not yet been released, but it will take effect immediately, and will impact all businesses that use automated technologies, including text messaging, to communicate with consumers. A summary of the Order based on the FCC’s News Release and discussion at the Open Meeting with some practical implications for businesses is available here. We will provide more details once the Order is released.
