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Matt concentrates his practice in the areas of healthcare and commercial litigation. Matt frequently defends healthcare clients in lawsuits related to privacy issues and commercial disputes.

The FCC recently provided additional guidance about the kinds of school-initiated text messages and automated calls that are exempt from liability under the federal Telephone Consumer Protection Act (TCPA). Below is a brief background of relevant portions of the TCPA, a summary of new guidance from the FCC, and a few open issues to consider.

The TCPA

The TCPA was passed in 1991 to curb the rampant and harassing telemarketing practices of the time, and established relatively high-dollar civil liability – $500 to $1500 per violation – as its enforcement mechanism. In relevant part, the TCPA makes it unlawful to use “an automatic telephone dialing system” to call (or text) any number assigned to a cellular telephone service, and allows the recipient to sue the caller if he/she received such a call. There are two statutory exceptions to liability under the TCPA:

  • where the recipient of the call provided his or her prior express consent to be called, or
  • where the call was placed for an “emergency purpose,” defined as “any situation affecting the health and safety of consumers.”

47 U.S.C. § 227 (b)(1); 47 C.F.R. § 64.1200(f)(4).
Continue Reading Texting Students and Parents: New Developments and Open Questions under the Telephone Consumer Protection Act