FCC Clarifies TCPA Rules for Utilities

On August 4, the Federal Communication Commission (FCC) released a Declaratory Ruling that clarifies certain liability aspects under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, for utilities that use automated calling technology to provide utility service information to their customers.[1] This ruling provides that when a utility customer gives a wireless phone number to the utility (either at the outset or during the relationship), that customer is deemed to have given consent for the utility to use automated calling technology to contact the customer (at that number) about issues closely related to the utility service, unless the consumer has given contrary instructions.