Since the FCC enacted revisions to the Telephone Consumer Protection Act (TCPA) in October, several organizations have filed petitions with the FCC asking for clarification as to what constitutes automatic telephone dialing system under the new regulations. Those petitions were recently joined by a referral from a state court regarding how new restrictions on auto dialers will impact text message marketing campaigns.

The Southern District of Texas court granted a motion to stay proceedings on a TCPA class action lawsuit pending a referral to the FCC as to whether text messages, which are considered calls under the TCPA, are distributed by an automated dialing system.

The defendant in the case argues that text messages are distributed through mobile messaging aggregators (MMAs) to transmit text data to cell phones and that such a transmission doesn’t include “dialing” a call.

Hopefully, the FCC will use this as an opportunity to finally clarify whether and how the TCPA applies to text message marketing, one of the fastest growing marketing channels. Consumers are eager to receive communications with businesses and brands through text message, but the potential for abuse has made it one of the most tightly regulated channels available to marketers.

Stay tuned for more information on this important story.

Navigating the state and federal regulatory maze while mitigating risk is becoming more daunting every day for compliance leaders. Especially when dealing with agents in branch offices, reps using personal phones, or independents and BPOs marketing on your behalf. For almost 20 years, Gryphon has protected the largest and most valued brands in banking, insurance, manufacturing and home services from headline risk, brand damage, and costly fines associated with outbound marketing violations.

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Our services apply all legal exemptions to those laws to help your business grow, and our experts provide customized consulting and support with expanding regulations. Bullet-proof compliance is only half the equation used to solve TCPA and DNC compliance issues.  Gryphon’s intelligent cloud engine automatically applies legal exemptions (opt-ins) to make sure you are not over-suppressing legal contacts who want to hear from you. Gryphon’s Secure Cloud engine unlocks your largest marketable universe to maximize your outreach and protect every opportunity.

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