iSo the Telephone Consumer Protection Act (TCPA) has always been the federal government’s crown jewel response to the robocall epidemic.
It doesn’t work. It has never worked.
But Congress just keeps adding pieces to it, as if the next edit will be the one that suddenly fixes everything. What’s the definition of insanity again?
Obviously, the government isn’t going to fix this–only private actors banding together have a shot at it, which is why R.E.A.C.H. has been so successful.
But I digress.
The TCPA as currently written bans calls to phone numbers assigned to wireless carriers absent certain specific requirements that I am not going to get into in this blog.
The point for now is that the TCPA looks at calls and messages sent to phone numbers. So today messages sent via tokens or device IDs are not subject to the TCPA. So folks can safely send WhatsApp messages and the like without fear of lawsuits.
Ok fine.
Also exempt from the TCPA are things like emails, video chat messages, TikToks and the like. Folks send these items and share them across multiple platforms and devices all the time. No lawsuits.
Got it.
However, TCPAWorld.com was the first to break the news of a new bill that would edit the TCPA. We even did a fun redline of it.
But there is one piece of the bill that isn’t fun. At all.
Indeed, the new proposed amendment would change just about everything we know about the TCPA and bring just about every form of internet communication under the grips of the federal government–and Plaintiff’s lawyers.
Nothing scary about that, amirite?
So here’s what’s going on.
In a new bill sponsored by democrat Frank Pallone, the TCPA would be amended to apply to “text messages.”
Doesn’t sound so bad right? But stay with me.
Although the definition is of a “text” message the folks in Congress don’t know what that word means (or are trying to dupe everybody.) Because the definition includes “a message consisting of text, images, sounds, or other information…”
Get it? Although the definition is of a “text message” a “text message” is defined to include ANY MESSAGE OF ANY SORT.
Uh oh.
It gets better (Scarier.)
ANY MESSAGE is a “text message” if it that is transmitted to or from a device that is identified… by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to- person messaging.”
Ummm…. there are literally no other ways to send a message.
Notice that the channel or format is irrelevant here. All that matters for a communication to be subject to the TCPA is:
- A message of any kind if sent;
- To a phone identified via any manner or via any application.
What. The. Actual. Hell. Congress.
In fact, the only limitation to a text message is a real-time, two-way voice or video communication. So a phone call. The only limitation to a text message is a phone call.
And of course phone calls are already covered by the TCPA.
So literally EVERY FORM OF COMMUNICATION MADE TO A PHONE WILL NOW BE REGULATED BY THE FEDERAL GOVERNMENT.
OTT services are not exempt.
App messages not exempt.
Anyone listening here?
There is a lot more to this new bill than meets the eye.
But this text message definition has got to go straight in the trash.
Start over. Thanks.
More coverage soon.
