FCC Seeks Comment on Bijora TCPA Petition
The FCC Consumer and Governmental Affairs Bureau Friday sought comment on a Bijora petition asking for clarification that FCC rules do not prohibit text message advertisements sent with the prior express consent or permission of the recipient. Alternately, the company…
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sought a retroactive waiver for such ads already sent out. Comments are due Nov. 21, replies Nov. 28, the bureau said. In its petition, Bijora describes itself as a “small business owner currently facing a class action lawsuit seeking multi-billions of dollars in damages because it sent text messages to customers who had expressly consented to receive them.” The lawsuit claims the company violated the Telephone Consumer Protection Act, which prohibits sending an unsolicited advertisement, Bijora said. The plaintiff “relies on a regulation, Section 64.1200(a)(4)(iv), issued by the Commission in an order implementing amendments to the TCPA,” the company said. “That regulation requires that certain opt-out language appear on faxes, but its scope is unclear.” Bijora asked the FCC to clarify that the prohibition “should be limited to unsolicited faxes and texts, as that reading best accords with the TCPA's language and legislative history.”