CTIA Supports TCPA Exception for One-Time Response Texts
CTIA supported arguments by the Retail Industry Leaders Association (RILA) that the FCC’s revised Telephone Consumer Protection Act rules should not apply to isolated, immediate, one-time responses to consumer-initiated requests for text offers. In January, the FCC Consumer and Governmental Affairs Bureau sought comment on a RILA petition for declaratory ruling (http://bit.ly/1jxGq7v).
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"CTIA agrees with RILA that the Commission’s intent could not have been for these rules to apply when a consumer has specifically requested a particular message be sent, as is the case with on demand texts,” the wireless association said (http://bit.ly/1hPE5ay). “As the number and expansive nature of TCPA lawsuits continues to increase, and in light of the costs associated with defending even frivolous actions, it is critical for the FCC to make the requested clarification. Doing so will ensure that consumers continue to receive these desirable communications."
A consumer, for example, sees “a call to action display (e.g., ’text “special stock-up discount” to 56-789 for 25 percent off your next purchase'),” RILA said in comments filed at the commission (http://bit.ly/1fD3np3). “Next, if interested, the consumer texts ’special stock-up discount’ to 56-789. Finally, as expected, the consumer receives a near instant text response containing the desired offer.”
RILA said the text response of the retailer should not be viewed as violating the TCPA. “On demand text offers are only sent as a one-time, immediate response to a consumer-initiated request,” the group said. “RILA believes the Commission had no intention for the prior express written consent rules to apply to such consumer-initiated on demand texts.”
The National Federation of Independent Business also urged the FCC to grant the ruling sought by RILA. “The TCPA is already a catalyst for frivolous litigation,” the group said (http://bit.ly/1dvpUQn). “It has created a cottage industry of fax-spam litigation, allowing plaintiffs to recover $500-$1500 per fax by calling businesses, requesting information, and then suing if faxes do not contain what the FCC contends to be an adequate opt-out notice. ... Retailers should not have to fear TCPA liability or a lawsuit for texting a consumer with a specific offer or coupon that he or she requests."