The FCC published its Small Entity Compliance Guide to assist small entities with compliance with its recent regulations pertaining to text messages and the closing of the “lead generator loophole.”
Importantly, the Guidelines do not (and cannot) change any rules; They are only meant to assist companies with complying with new rules.
Key Components:
- Mandatory Blocking of Texts: Terminating mobile providers must block text messages from numbers identified by the FCC as sources of illegal texts. Providers must confirm receipt of the notice to the FCC and is initiating blocking. Blocking must be done by the deadline provided in the notice. This requirement became effective July 24, 2024 (with a limited 12-month waiver).
- Do-Not-Call Registry: Confirms that the protections of the National Do-Not-Call Registry extend to text messages. Texters must have an established business relationship or prior express invitation or permission before sending a marketing text to a wireless number on the National Do Not Call Registry. This requirement became effective March 26, 2024.
- Prior Express Written Consent (Closing the Lead Generator Loophole): The FCC closed the lead generator loophole by requiring businesses to obtain appropriate consent before making certain calls or texts using an automatic telephone dialing system or with an artificial or prerecorded voice. To satisfy this requirement, a consumer must consent to receive ca.ls or texts from a single seller at a time. This rule becomes effective January 27, 2025.
Contact ECAC General Counsel, Mitchell Roth, with any questions.
Mitchell Roth
mroth@rothjackson.com
