In July 2015, the Federal Communications Commission (FCC) issued a Telephone Consumer Protection Act (TCPA) Omnibus Declaratory Ruling and Order that overhauled and updated a number of aspects of the statute. Among the changes was a debt exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan.
No. Push notifications are user-controlled, making it difficult to argue that the Federal Communications Commission (FCC) should consider them to be a “call.”
This specific scenario has not been addressed by the Federal Communications Commission (FCC). In these sorts of circumstances, the FCC looks at a number of factors to determine who is responsible for user-initiated messages such as: Who decides when the text is going to be sent? Is it being used to do an unlawful activity? Are you spoofing? The issue is control. In this case, the fact that the consumers are going to be the ones sending the message and are choosing who receives the message makes it seem like the consumer should be responsible.
Yes—as long as you can meet the implied express consent standards. Courts have generally accepted the argument that a consumer listing their phone number on a credit card or loan application constitutes giving consent to be contacted at that number for issues involving that account.
There is no specific Federal Communications Commission (FCC) guidance or Telephone Consumer Protection Act (TCPA) legal precedent regarding artificial intelligence (AI) texting systems. However, texts sent by such a system must comply with the TCPA. Automated texts of any kind, sent from autodialing or AI software, require consent.
There is an ongoing TCPA lawsuit related to messages sent by a hotel’s AI-powered digital concierge. It could provide some legal precedent as to how AI texting will be litigated and regulated under the TCPA.
Purely informational texts follow the same implied consent rules as delivery and service notifications. However, if any part of your informational text could be considered marketing, you would need express written consent. Therefore, best practices are to get express written consent even for informational texts.
Yes, you can have multiple campaigns with their own opt-out requirements, but you should make it very clear to consumers how to do it. For example, text “STOP A” to stop receiving messages from campaign A vs. “STOP B” to stop receiving messages from campaign B. It is also best practice to offer an inclusive opt-out option such as “STOP ALL.”