How To Get Involved

The Ninth Circuit Court Of Appeals has declared that a computer capable of sending out text messages to a random set of numbers is an auto dialer. We all know what an auto dialer really is and what the FCC meant by its definition. So, what can we do?

In the past the FCC has made exemptions for technology providers. Such an exemption would shield firms providing SMS sending services from lawsuits based on this interpretation of the law. Fax broadcasters and the cellular carriers have such exemptions, and are considered  by  "mere conduits."

As of this time, SMS aggregators, marketers, and software developers do not have an exemption. We too are merely the technology providers, yet we still can be liable under the law as no specific exemption exists for us.

We are asking the FCC to find that the TCPA does not reach underlying technology providers and that the "sender" for TCPA liability purposes is the user of the mass texting technology, not the technology provider. Preparation of the Petition will involve legal research and the development of arguments supporting our theory, principally precedents where the FCC has insulated the underlying technology provider from liability in other contexts. Preparation of such a petition will cost approximately $25,000 dollars.

In order to ensure favorable action on the petition, lobbying and follow-up with the FCC might be required.  Defending the petition against opposition, if any, might also be required.  These activities would not be covered in the estimate as they are difficult to predict without knowing whether the petition will be opposed and how it will be regarded by FCC staff.

We are working with Scott Delacourt, a lawyer at Wiley Rein LLP, who has worked extensively with the FCC, representing the mobile industry.

How You Can Help
We need as many industry participants as possible to join the coalition. Lobbying costs money, so although we are glad to have your support in name, a financial commitment will help even more. If you choose to join the coalition but are unable to make a financial commitment at this time, we will contact you when we file the petition with the FCC. But, we cannot file the petition until we gather enough of an industry-wide financial commitment to do so.

Ready to join our coalition? Contact tcpa@clubtexting.com and we will send you a copy of the Coalition Petitioning Agreement.