In 2020, the FCC made it clear political P2P is NOT subject to the TCPA and does not require prior consent.
Understanding the difference between federal regulations and industry guidelines is essential to clear up confusion about opt-in requirements and the laws surrounding political peer-to-peer (P2P) texting using human-powered applications.
P2P Texting and the FCC Ruling
In 2018, the P2P Alliance asked the Federal Communications Commission (FCC) to clarify whether P2P texting platforms, where a person manually sends each message, fall under the Telephone Consumer Protection Act (TCPA). In 2020, the FCC ruled that these platforms do not qualify as autodialers under the TCPA, meaning they are not subject to its restrictions on automated calls and texts.
Since then, courts have consistently ruled in favor of P2P texting when human intervention is involved or have outright dismissed the cases, as seen in cases like PASCAL v. CONCENTRA, INC., MATTHEW BOWMAN v. UNTERMAN FOR CONGRESS, INC., and BERGER v. REPUBLICAN NAT’l COMMITTEE. These rulings/dismissals demonstrate the FCC ruling that Political P2P texting does not require prior consent under the TCPA.
The Role of CTIA and Industry Guidelines
While the FCC’s ruling offers legal clarity, the CTIA (Cellular Telecommunications Industry Association), a private organization, also plays a significant role in setting internal carrier texting standards. CTIA, established by carriers, requires opt-in consent for all messages transmitted across their networks. CTIA is not a government entity and has no government enforcement power, but CTIA’s guidelines are widely followed by carriers. “All organizations should obtain consent before sending any type of text message—including texts from political campaigns” CTIA politicalmessaging.com
Navigating the Confusion
This creates a complex situation: the FCC says P2P texting with human intervention doesn’t need consent, but CTIA strongly recommends opt-in consent for messages on carrier networks. Carriers can enforce their own rules, even if they’re stricter than federal law.
Recommendations
To avoid issues, The P2P Alliance for Responsible Political Texting recommends that organizations:
- Use True P2P Texting: Ensure your platform requires human intervention for each message, aligning with the FCC’s ruling.
- Follow CTIA Guidelines: You should comply with CTIA standards, including obtaining opt-in consent, to avoid message blocking or other non-legal penalties from carriers.
Following both the FCC’s legal framework and the CTIA’s best practices ensures compliance, reduces disruptions, and promotes responsible messaging in the industry.
Disclaimer: This information is provided for general informational purposes only and does not constitute legal advice. Laws and regulations regarding P2P texting can be complex and may vary depending on your specific circumstances. We strongly recommend consulting with a qualified attorney for advice tailored to your situation. The P2P Alliance for Responsible Political Texting recommends that organizations follow all laws and supports best practices established by CTIA.