Carriers Say TCPA Doesn't Cover Their Texts to Subscribers
CTIA and AT&T opposed a petition by Paul Armbruster, a Phoenix consumer who asserts the Telephone Consumer Protection Act gives subscribers the right to revoke consent from receiving unwanted text messages. Armbruster filed the petition in early 2017 and the…
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Consumer and Governmental Affairs Bureau asked for comment last month (see 1907180028). “For nearly 30 years, all calls and texts from wireless service providers to their subscribers have fallen outside the TCPA ‘prior express consent’ requirements, as long as subscribers are not charged for the communications,” CTIA said, posted Tuesday in docket 02-278: “The Commission has repeatedly recognized the unique relationship that providers have with their subscribers as both the sender of the message and the provider of the wireless service.” The petition “offers no basis for the Commission to conclude that it has misread the letter and intent of the TCPA for the past 25 years,” AT&T commented. “Petitioner does not even attempt to make that argument.” But Justin Holcombe, a Georgia lawyer who handles TCPA complaints, said the FCC should listen to Armbruster. Holcombe said his carrier sends him automated telemarketing text calls: “I reply ‘stop’ to such messages, but they continue ... it’s an invasion of privacy.” Initial comments were due Monday.