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ARTICLE · 09 APRIL 2014

FCC Sets Comment Deadlines For TCPA Petition Addressing Text-Messaging App

ArentFox Schiff
ArentFox Schiff
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Yesterday, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (FCC) released a public notice seeking comment on TextMe, Inc.’s petition for expedited declaratory ruling and clarification filed on March 18, 2014.

United StatesMedia, Telecoms, IT, Entertainment
Ross Buntrock
Ross Buntrock
Michael Hazzard
Michael Hazzard
Joseph Bowser
Joseph Bowser
Adam Bowser
Adam Bowser

Yesterday, the Consumer and Governmental Affairs Bureau of the Federal Communications Commission (FCC) released a public notice seeking comment on TextMe, Inc.'s petition for expedited declaratory ruling and clarification filed on March 18, 2014. Comments are due May 7, 2014, and reply comments are due May 22, 2014.

"TextMe asks the FCC to clarify that users of TextMe's application, and not TextMe itself, make or send calls or text messages for purposes of the TCPA."

TextMe is requesting that the FCC clarify three aspects of the Telephone Consumer Protection Act (TCPA). First, TextMe requests that the FCC clarify that the term "capacity" as used in the statutory definition of an automatic telephone dialing system (ATDS) encompasses only equipment that, at the time of use, could in fact autodial random or sequential numbers without human intervention and without first being technologically altered. Second, TextMe asks the FCC to clarify that users of

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