FCC Seeks Comment On Petition For Declaratory Ruling or Rulemaking on Unwanted Texts

The Federal Communications Commission's Consumer and Governmental Affairs Bureau seeks comment on a petition for declaratory ruling or, alternatively, rulemaking filed by Paul Armbruster. Specifically, Armbruster seeks a ruling “confirming that a cellular phone customer can revoke consent to receive any and all unwanted text messages from their cell service provider.” According to the Petition, Armbruster was informed by his wireless service provider that “customers are not able to opt-out of receiving certain purely informational texts.” He acknowledges that “cellular carriers need not obtain additional consent from their cellular subscribers prior to initiating autodialer and artificial and prerecorded message calls for which the subscriber is not charged.” He contends, however, that this exemption from the Telephone Consumer Protection Act prohibition on making such calls without the prior express consent of the called party does not affect a consumer’s right to revoke consent at any time and through any reasonable means.

CG Docket No. 02-278

Comment Date: August 19, 2019 Reply Comment Date: September 3, 2019