New FCC Rules on Unsolicited Text Messages

Cell phone users now have additional protection against unwanted calls and texts. The Federal Communications Commission (FCC) issued a Declaratory Ruling that will result in implications for any individual, business, or organization that uses wireless numbers to contact consumers. The FCC made the new rules after thousands of consumer complaints were filed regarding “robocalls” and unwanted texts. If you are the recipient of unwanted texts or calls, remember that you have rights as a consumer.

Cell phone users now have additional protection against unwanted calls and texts. The Federal Communications Commission (FCC) issued a Declaratory Ruling that will result in implications for any individual, business, or organization that uses wireless numbers to contact consumers. The FCC made the new rules after thousands of consumer complaints were filed regarding “robocalls” and unwanted texts. If you are the recipient of unwanted texts or calls, remember that you have rights as a consumer.

Can telemarketers call me using pre-recorded messages?
Under the Telephone Consumer Protection Act (TCPA), telemarketers are prohibited from using artificial or pre-recorded messages on residential lines without express consent of the consumer. Similarly, the TCPA prohibits any non-emergency calls from auto dialing systems to wireless numbers. Telemarketers must have your expressed consent to make calls on your wireless phone with a pre-recorded message.

Is it legal for telemarketers to contact me by text message?
The FCC’s Declaratory Ruling holds telemarketers to the same level of TCPA scrutiny when making automated calls as when sending text messages. The regulations apply to all unsolicited messages to a wireless number, including unwanted and spam texts. Based on the new rules, telemarketers and affiliated companies can be held liable for contacting you via unsolicited text messages without your express consent.

What happens if I have a new number and am receiving unwanted calls and texts?
Since wireless numbers are reassigned to consumers, it is likely that there will be some time overlap between number holders. Under the new ruling, the TCPA still requires the consent of the current subscriber, not the “intended recipient” of the call. While companies can be held liable for contacting a current subscriber without consent, they will not be held liable for the first call. Telemarketers can be held liable for any subsequent calls made without consent to a new subscriber.

Do the same rules apply to health care providers?
There are some specific provisions and exemptions made for healthcare providers. For example, the FCC exempts the “prior express consent” requirement in the event that calls are pressing and that they are made for the purposes of “appointment and exam confirmations and reminders, wellness checkups, hospital pre-registration instructions, pre-operative notifications, and home healthcare instructions.” However, sales calls and other unwanted solicitations from healthcare providers are prohibited.

What do the new rules mean for me?
Minnesota consumers should be aware of their rights against unwanted “robocalls” and spam texts. You have the right to control what calls you receive and must give express consent to any entity that calls or texts your wireless number. If you are a consumer interested in learning more about your rights or in taking action against telemarketers, we want to hear from you. Wanta Thome PLC is a Minnesota based consumer rights law firm that has successfully held companies liable for spam texts and unsolicited robocalls. Contact one of our consumer rights lawyers to discuss your unwanted calls and texts.