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FCC Says Robotexting Must Comply with TCPA Requirements

The Enforcement Bureau of the U.S. Federal Communications Commission (FCC) has warned that so-called automated text messages sent to consumers’ cell phones are subject to the same restrictions as those that apply to autodialed voice messages.

In an FCC Enforcement Advisory published in November 2016, the Bureau reiterated that its regulations under the Telephone Consumer Protection Act (TCPA) of 1991 are applicable to both autodialed voice calls and text messages. The TCPA expressly prohibits the sending of autodialed calls and text messages without the prior expressed consent of the called party, unless the calls are made for made for emergency purposes or have been specifically exempted by the FCC from the regulations.

Robotext violations are subject to enforcement by the FCC, and forfeiture penalties of up to $18,936 per violation.

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Read the complete text of the Commission’s Enforcement Advisory on robotexts.

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