FCC Creates TCPA Exemption For One-Time, On-Demand Text Messages

On July 10, 2015, the Federal Communications Commission (the "FCC" or "Commission") released its long-awaited Declaratory Ruling and Order, which was prompted by nearly two dozen petitions and letters requesting clarifications relating to the Telephone Consumer Protection Act (the "TCPA").

In its response to one such petition filed by the Retail Industry Leaders Association ("RILA"), the FCC determined that certain on-demand text messages are exempt from traditional regulation under the TCPA.

Should sellers and telemarketers rely on the FCC's limited new text message exemption?

RILA's On-Demand Text Messages

RILA is a trade association for member retailers, such as Target, Walgreens and Best Buy. According to the Commission, many of RILA's members deliver on-demand text messages to consumers to facilitate purchases, such as advertising offers to reply with a coupon code when shoppers text a keyword (e.g., "25OFF") to a short code.