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FCC Rules on Exceptions to TCPA for Schools and Utilities
Practical Law Legal Update w-002-9537 (Approx. 4 pages)
FCC Rules on Exceptions to TCPA for Schools and Utilities
by Practical Law Commercial Transactions
| Published on 09 Aug 2016 • USA (National/Federal) |
An update discussing a recent Federal Communications Commission (FCC) decision permitting schools and utility companies to make robocalls and send automated text messages under Telephone Consumer Protection Act (TCPA), applying prior express consent and the emergency purpose exception.
On August 4, 2016, the Federal Communications Commission (FCC) released a declaratory ruling allowing schools and utility companies to make automated calls and texts to consumers in certain circumstances without violating the Telephone Consumer Protection Act (TCPA) (47 U.S.C. § 227).
The ruling declares that robocalls and automated texts are permitted under the TCPA when they are sent by:
- Schools contacting student family wireless phones in situations:
- affecting the health and safety of students and faculty, regardless of prior express consent; and
- closely related to the school's mission, where the call or text recipient has provided the school with the number.
- Utility companies contacting customers about matters closely related to utility service.
School Callers and Emergency Purpose
Responding to a petition from Blackboard, Inc., which operates an interactive web portal used by both individual schools and school systems, the FCC ruled that school callers may lawfully make automated calls and texts to student family wireless phones under the existing "emergency purpose" exception of the TCPA (47 U.S.C § 227(b)(1)(A)-(B)).
The FCC declared that in order for the emergency purpose exception to apply, the situation must concern the health and safety of students and faculty. The ruling gives the following examples of situations that fall within the exception:
- Weather closures.
- Fire.
- Health risks.
- Threats.
- Unexcused absences.
The ruling goes on to state that school callers may also make automated calls and texts for non-emergencies, provided that:
- The purpose is closely related to the school's mission (i.e. upcoming parent-teacher conferences).
- The called party has provided a telephone number to the educational institution.
Though these non-emergency messages do not qualify under the emergency purpose exception, the FCC determined that providing a telephone number to the school constituted prior express consent.
Utility Companies and Prior Express Consent
In the same ruling, the FCC addressed a petition from Edison Electric Institute and American Gas Association requesting a declaratory ruling on whether automated calls and texts to utility company customers about utility outages, interruptions, repairs, and maintenance.
The FCC determined that utility companies may send automated calls and texts to customers if:
- The customers have provided their wireless number to the company.
- The subject of the call or text is an issue closely related to utility service, including:
- announcements of planned or unplanned service outages;
- updates about service outages or service restoration;
- requests for confirmation of service restoration or information about lack of service;
- notification of meter work, tree trimming, or other field work that directly affects the customers' utility service;
- notification of eligibility for subsidized or low-cost service; and
- information about potential brown-outs due to heavy energy usage.
For more information on prior express consent under the TCPA, see Brickman v. Facebook and Obtaining Prior Express Consent Under the Telephone Consumer Protection Act (TCPA).