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TCPA Petition Seeks Safe Harbor For Technical Errors

FCC Petition Seeks Comments on Liability for Tech Errors

Posted by Rick Feller on Tue, 11/07/2017 - 06:38

A new TCPA petition has been filed with the FCC and the agency is now seeking public comments. Outcome Health, a company that delivers pharmaceutical advertising to patients from screens placed in doctor’s offices, is the filer of the petition. They are seeking clarification on the rule that an unknowable text messaging technical error is protected from liability under the 2012 Soundbite Declaratory Ruling.

From the FCC Public Notice:

Outcome states that “an unknown and inadvertent technical error … caused the improper processing of unsubscribe requests in certain limited circumstances” in connection with its health-related text messaging program to which recipients had previously consented.

Outcome asks the Commission to clarify that an unknowable technical error is protected from liability under the Telephone Consumer Protection Act pursuant to the Commission’s SoundBite decision.

Alternatively, Outcome requests that the Commission clarify that an undetected and inadvertent technical error satisfies the requirements for a safe harbor from TCPA liability.

Outcome Health’s petition is titled:  Petition of Context Media, Inc. d/b/a Outcome Health For Clarification, or, in the Alternative, for Declaratory Ruling

Comment Date:  November 27, 2017

Reply Comment Date:  December 12, 2017

Filing Instructions for providing comments are posted on the FCC website.