FCC Issues Consumer Protections from Unwanted and Illegal Text Messages

The FCC recently issued a Second Report and Order (the Order) to further protect consumers from unwanted and illegal text messages by adopting proposals to require text blocking and close the lead generator loophole.

The Order adopts a final rule that requires terminating mobile wireless providers to block text messages from a particular number following notification from the Enforcement Bureau of illegal text messages from that number.  The Order also codifies National Do Not Call (DNC) Registry protections to text messages, requiring a texter to obtain an express invitation or permission before sending a marketing text to a person on the DNC registry.  Further, the Order encourages, but does not require, providers to have an opt-in service for texts originating from email addresses.

The Order closes the lead generator loophole by adopting a final rule that prohibits lead generators, texters, and callers from using a single consumer consent to “inundate consumers with unwanted texts and calls when consumers visit comparison shopping websites.”  Texters and callers must obtain a consumer’s express written content before robotexting or robocalling a consumer, and such consent only applies to one seller at a time, i.e., a consumer must give separate consent to be contacted by multiple sellers.   The consumer’s consent must be in response to a clear and conspicuous disclosure and the content of the robotexts and robocalls must be logically and topically associated with the website where the consumer gave consent.  This rule imposes an implementation period of 12 months from the date of publication in the Federal Register.  

In addition to adopting the above final rules, the Order also seeks additional comments on proposals relating to blocking requirements, text message authentication, and whether to require email-to-text opt-ins.