A Model For Exempting Texts From TCPA

Law360, New York (May 1, 2014, 1:04 PM EDT) -- The Telephone Consumer Protection Act,[1] generally prohibits automated calls to mobile devices without the prior express consent of the called party. Courts, along with the Federal Communications Commission, have also extended this principle to automated text messages. After a request from the package delivery industry, however, the FCC recently issued an order in In re Cargo Airline Ass'n petition for declaratory ruling exempting certain free-to-end-user text messages from the TCPA's rules.[2] The Cargo Airline order may provide a model for other industries looking to communicate with consumers through automated calls or texts without falling afoul of the TCPA's rules.

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