FCC Closes Year With Enforcement Advisory On Text Messages

Almost a year and a half after the Federal Communications Commission (FCC or Commission) issued a rule update to its rules and regulations implementing the Telephone Consumer Protection Act (TCPA) (2015 FCC TCPA Omnibus Ruling and Order),¹ which we discussed then here, the Commission, in a formal Enforcement Advisor (Advisory), has warned companies that use text messaging to communicate with or advertise to consumers, employees and others that "the FCC's Enforcement Bureau will vigorously enforce the important consumer protections in the TCPA and our corresponding rules" and that it "is committed to protecting consumers from harassing, intrusive, illegal and unwanted robotexts to cell phones and other mobile devices." It further warns that "[r]obotext violations are subject to enforcement by the FCC, including forfeiture penalties up to $18, 936 per violation." While the FCC is required to issue a warning citation and find subsequent violations before