FCC's Robocall Rules Could Affect Media Marketing, Customer Support

The Federal Communications Commission has finally issued its lengthy text plus commissioners' scathing comments from June's contentious decision regarding the Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order. Predictably, the final details, published on Friday, July 10, triggered even more critiques along with speculation about how the restrictions will affect marketing, promotions and other outreach initiatives from media companies. It also quickly triggered a court challenge. ACA International, an association of credit and collection professionals, on July 11 filed a suit in the United States Court of Appeals for the DC Circuit seeking judicial review of the FCC's June 18 TCPA ruling. Other organizations are expected to seek an overturn of the FCC's ruling, according to legal observers who follow the case.

Although much of the concern about automated calling -- including text and voice calls to mobile devices -- has involved the financial and health services industries, many observers voiced concern about the extent of the FCC's ruling. Online service providers, entertainment companies, sports franchises and social media networks have already been hit with lawsuits by consumers who claim they improperly received robocalls or other prohibited contacts. In its ruling, which sprawls over nearly 200 pages, the FCC noted, "We have not viewed 'legitimate' businesses as somehow exempt from the statute." The agency insisted that its goal is to "Strengthen the core protections of the TCPA." Among the robocall factors it confirmed are that "Internet-to-phone text messages require consumer consent" and "Text messages are 'calls' subject to the TCPA."