Text messaging has become one of the main ways we communicate with one another, but with that convenience comes the pain of unwanted messages. While the Telephone Consumer Protection Act (TCPA) currently covers voice calls, it does not cover text messages. This could all changing in the upcoming months with a new bill, H.R. 8334. The Robotext Scam Prevention Act, H.R. 8334, aims to change that, but just like what happens with any change, there are questions about what this bill does and its potential impact.
What is the Robotext Scam Prevention Act?
In mid-July of 2022, H.R. 8334, the Robotext Scam Prevention Act, was introduced with the purpose of prohibiting the use of automated telephone equipment to send unsolicited messages. This legislation would amend the TCPA to expand the definition of automatic telephone dialing systems (ATDS) to include a wider variety of devices used to automatically dial or text numbers. It would no longer cover just those solely using a random or sequential number generator.
Under the bill, an ATDS would be redefined as equipment that has “the capacity to store or produce telephone numbers to be called or sent a text message” and “to automatically dial or send a text message to such numbers.” The use of the word “automatically” in the bill may be interpreted to preserve manual dialing systems.
The bill would also direct the Federal Communications Commission (FCC) to conduct rulemaking to define terms such as “automatically,” “dial,” and “send,” as they fall under modern dialing practices and consumer preferences.
One of the final aspects of the proposed bill is the codification of the FCC’s establishment of the reassigned numbers database. This database is designed to provide callers with information on whether the number they are calling has been reassigned to another consumer. In the past, callers have been found liable under the TCPA for making a call to a number that, at one time, they had received consumer consent for, but unknown to the caller, had been reassigned to another consumer who did not provide consent.
The bill would expand on the safe harbor provided callers to include calls or texts if the caller can provide it checked the database and it showed the number had not been reassigned.
Potential Impact of the Robotext Scam Prevention Act
With the Robotext Scam Prevention Act expanding the definition of autodialing equipment, it is possible to see a new wave of class-action litigation as lawyers test the courts to see how they will handle this change. While illegal robotexts – like illegal robocalls – are a major consumer complaint, when rules were created to eliminate illegal robocalls, they often did not take into account legitimate efforts by companies to maintain contact with customers, including hospital/patient relationships.
Being Prepared
With the late introduction of the Robotext Scam Prevention Act, there is no clear indication of how soon, if ever, this bill will move forward. Americollect will continue to monitor this bill and any others that can impact your facility. If you have any questions, please contact us!
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