TCPA Regulatory Update: Petitions on Public Notice

The FCC continues to review reply comments it received to several petitions out on Public Notice. Reply comments on the Peer-to-Peer Alliance (P2P Alliance) Petition and the Insights Association, Inc. (“Insights Association”) and the American Association for Public Opinion Research petitions were both due on July 9. As we reported previously, the P2P Alliance is a coalition of providers and users of peer-to-peer (“P2P”) text messaging, and it has asked the FCC to clarify that P2P text messages are not subject to the TCPA. Very few reply comments were filed on the P2P Alliance petition, but all supported granting the petition. As we reported in June, the Insights Association petitioners asked the FCC to clarify several areas under the TCPA, including that “communications are not presumptively ‘advertisements’ or ‘telemarketing’ under the TCPA simply because they are sent by a for-profit company, or might be for an ultimate purpose of improving sales or customer relations.” Few substantive reply comments were filed on this petition, all supporting the petition. In addition, of the over two hundred comments filed on this petition (many of which were brief “express” comments), only a single comment opposed the petition during the initial comment period, mainly focusing on the FCC’s fax advertising rules.

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