On November 18, 2016, the FCC Enforcement Bureau published Enforcement Advisory DA‑16‑1299. It clarifies that robotexts delivered via automatic telephone dialing systems fall under the jurisdiction of the Telephone Consumer Protection Act (TCPA). This document represents vital early‑stage enforcement guidance for U.S. A2P SMS, establishing clear rules regarding sender authorization, opt‑out mechanisms, reassigned numbers and penalty provisions.
The notice stipulates that any party sending text messages to mobile phones using an automatic dialing device must obtain prior express consent from recipients, with the burden of proof resting on the message sender. For marketing‑oriented automated text messages, prior express written consent from users is mandatory. Recipients may revoke consent at any time through any reasonable means. Upon receiving an opt‑out request, senders shall cease messaging and may send only one additional confirmation notice acknowledging the opt‑out.
Regarding reassigned telephone numbers: senders relying on historical valid consent records are exempt from liability for the very first message unintentionally delivered to a new subscriber. However, continuing to send messages to that number after the initial mis‑delivery triggers TCPA statutory liability.
Violations concerning robotexts are subject to FCC enforcement. Typically the FCC issues a citation prior to monetary penalties. Failure to remedy violations can result in maximum fines of USD 18,936 per occurrence. State‑level authorities also possess relevant enforcement powers.
