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  1. #1
    Senior Member Reputation points: 216380
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    TCPA and FCC Ruling Update

    You can see the email I just got from a TCPA attorney, copying it here: https://share.streak.com/DMm5Qb5K6LkBCeWuZDpmqg

    BRAKING NEWS: FCC Rules on Peer-to-Peer Texting

    Yesterday the FCC issued a much welcomed declaratory ruling in response to a 2018 petition by the P2P Alliance. The P2P Alliance had asked the FCC to clarify that peer-to-peer texting platforms which require the user to manually send one message at a time are not autodialers under the TCPA. The FCC not only agreed, but also clarified that whether a system can send messages to a large volume of numbers is not relevant. What is relevant is whether the system can dial random or sequential numbers without human intervention. Specifically, the FCC held that "if a calling platform is not capable of originating a call or sending a text without a person actively and affirmatively manually dialing each one, that platform is not an autodialer and calls or texts made using it are not subject to the TCPA’s restrictions on calls and texts to wireless phones." The FCC disagreed with opponents of the petition who argued that P2P systems should be considered autodialers or else spammers would immediately gravitate to such systems as a way to "evade" the TCPA. Very encouraging is the FCC's statement reiterating that, "[t]he TCPA does not and was not intended to stop every type of call. Rather, it was limited only to calls made using an autodialer or an artificial or prerecorded voice."



    Allen, Mitchell & Allen PLLC
    Tel: (801) 930-1117
    Email: updates@allenlawyer.com

  2. #2
    Member Reputation points: 26
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    Nov 2019
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    Does that mean we are allowed to text blast?

  3. #3
    Senior Member Reputation points: 46845 JasonBishop's Avatar
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    Jun 2018
    Location
    Orlando, FL
    Posts
    191

    Don't get carried away Steve-O. Fire the texts off as you wish. Anyone can get sued at anytime. Preventative measures are key. Dont get your data from India this would be a start. That data is full with the notorious slimebag Shelton's, Ewing's, Cunningham's of the world. Protect your business based on the input from your attorney not from an article. All about minimizing your risk factor.

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