The FCC’s Consumer and Governmental Affairs Bureau sought comment on...
The FCC’s Consumer and Governmental Affairs Bureau sought comment on a petition by GroupMe, which allows users to communicate through standard text messages by using the GroupMe app, for clarification on two issues under the Telephone Consumer Protection Act. “GroupMe…
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claims that these clarifications are needed to address the status of these technologies and services under the statute and implementing regulations,” the CGB public notice said (http://xrl.us/bnh6rd). GroupMe and several other companies are the target of class-action lawsuits based on the TCPA’s definition of autodialer and classifications of group text-based services, the bureau said. GroupMe asked the FCC to clarify the meaning of the terms “automatic telephone dialing system” (ATDS) and “capacity,” as used in 47 U.S.C. § 227(a)(1). GroupMe also asked the agency to clarify “for non-telemarketing, informational calls or text messages to wireless numbers, which can permissibly be made using an ATDS under the TCPA with the called party’s oral prior express consent, the caller can rely on a representation from an intermediary that they have obtained the requisite consent from the called party.” Comments are due Aug. 30, replies Sept. 10, in docket 02-278.