Caller Group Warns That Plaintiff's Bar Complicates TCPA Requirements
Responsible Enterprises Against Consumer Harassment (REACH) asked the FCC to clarify that calls made with a called party's consent are not solicitations and not subject to time restrictions under the Telephone Consumer Protection Act.
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In comments posted Monday in docket 02-278, REACH supported the Ecommerce Innovation Alliance’s petition asking for a declaratory ruling finding that people who provide prior express written consent to receive text messages can't claim damages under the Telephone Consumer Protection Act for messages received outside the hours of 8 a.m. to 9 p.m. (see 2503030036). The plaintiff’s bar “now seeks to further complicate the myriad of consents by adding yet another standard: general invitation or permission v. specific invitation or permission,” REACH said: “Nothing in the TCPA contemplates a general v. specific consent, and such a standard would be completely unworkable.”
The alliance asked the FCC to act on its petition. “As detailed in our Petition and Comments, an escalating crisis of frivolous litigation, fueled by the misapplication of the FCC’s quiet hour rules by opportunistic actors, demands immediate clarification,” it said.