In a ruling earlier this month, the Federal Communications Commission (FCC) clarified that automated calls and texts to wireless phone numbers by a school are exempt from restrictions under the Telephone Consumer Protection Act (TCPA). The ruling was an extension of the TCPA “emergency purpose” exemption to schools and utility companies.
The updated rule provides a critical exemption for schools using mass communication technology, such as emergency text message systems, to contact students and parents. Prior to the ruling, it was unclear when a school needed to obtain prior written consent for automated communications.
In this ruling, automated calls and text messages sent by a school to student family wireless phones under the “emergency purpose” exemption do not require prior express consent but must be limited to just situations “affecting the health and safety of the consumers.” Additionally, the FCC provided clarification that a parent&rs ...