The Federal Communications Commission has released a new notice inviting comments on a petition aimed at clarifying and potentially waiving certain provisions of the Telephone Consumer Protection Act related to when calls and text messages can be sent.
The background: The petition, filed by the Ecommerce Innovation Alliance (EIA) and other stakeholders, seeks to address ongoing legal concerns regarding the TCPA’s “Quiet Hours” rule, which restricts telemarketing calls and text messages to between 8 a.m. and 9 p.m. local time. The petitioners argue that businesses that have obtained prior express written consent from consumers to receive marketing text messages should not be liable for TCPA violations if messages are sent outside of these hours.
Key issues: One of the primary concerns raised in the petition is the current application of the Quiet Hours provision to mobile phone solicitations. Due to technical limitations, businesses often struggle to determine the exact location of a recipient at the time a text is sent.
- The petitioners argue that relying on the area code of the phone number as a proxy for location would be a reasonable and workable solution. Without such a clarification or waiver, businesses face the risk of costly TCPA litigation, often stemming from claims that are based on frivolous or technically unsupportable allegations.
- A significant issue highlighted in the petition is the rising number of lawsuits exploiting the TCPA’s provisions. In particular, one law firm based in Florida has been actively recruiting plaintiffs to file TCPA suits by misleadingly advertising that text messages sent outside of the Quiet Hours are “illegal,” regardless of whether prior express consent was granted. This practice has led to a flood of lawsuits, causing substantial financial and operational burdens on businesses that are acting in compliance with the law.
What they want: The petitioners request that the FCC issue a declaratory ruling to confirm that text messages sent to consumers who have provided prior express written consent are not subject to TCPA claims based solely on the time of day the message is sent. Additionally, they are requesting a waiver or clarification of Section 64.1200(c)(1) of the FCC’s rules, which requires businesses to know the recipient’s location to comply with the Quiet Hours provision.
The FCC is currently accepting comments on the petition, with a deadline for filing comments set for April 10.
Read the petition. Read the notice
