The FCC sought comment...
The FCC sought comment on a TextMe petition asking the agency to clarify the meaning of the term “capacity” as used in the Telephone Consumer Protection Act’s definition of “automatic telephone dialing system,” said a Consumer and Governmental Affairs Bureau…
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notice (http://bit.ly/1hxHEvf). TextMe also asked the FCC to clarify “that users of TextMe’s service, instead of TextMe itself, make or send calls or text messages for purposes of the TCPA. In the alternative, TextMe requests that the Commission clarify that third-party consent obtained through an intermediary satisfies the TCPA’s ‘prior express consent’ requirement for calls and texts to wireless numbers.” Comments are due May 7, replies May 22. Last month, the FCC offered some clarity on other questions raised about the TCPA (CD March 31 p7). TextMe said by offering clarity, the FCC could help curb TCPA-related class-action lawsuits. “Rather than discourage the abusive marketing practices that Congress and the Commission found harmful to consumers, these lawsuits stifle innovation and threaten the development of novel tools for communication,” TextMe said (http://bit.ly/QY49EP). “Commission action is necessary to prevent the TCPA from being read so broadly as to deprive consumers of access to innovative products and services.”