FCC: No Guaranteed TCPA Exemption for Text Broadcasters

On January 11, 2016, the Federal Communications Commission (the “FCC” or “Commission”) denied a Petition for Declaratory Ruling filed by text message marketing service provider Club Texting, Inc. (“Club Texting”), confirming that “text broadcasters” can be liable for TCPA violations.

Club Texting Platform and Petition

Club Texting describes itself as “one of the world's most powerful mass text messaging platforms.” According to the FCC, text broadcaster Club Texting operates a software platform that allows its clients to contact their target audience via text message.

In its Petition for Declaratory Ruling, Club Texting compared its service to that of a fax broadcaster and, therefore, argued that text broadcasters should be subject to the same standard as fax broadcasters with respect to liability for unsolicited text messages delivered on behalf of its clients. Under the Commission's rules, a fax broadcaster will not be