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).