The FCC continues to place petitions related to the TCPA out for public comment. After issuing several requests for public comment recently, the FCC issued four more on October 24, 2012 seeking comment on unique technologies and services related to text messages, collect calls, and faxes.

• Revolution Messaging, LLC, asks the commission to clarify that the Telephone Consumer Protection Act (TCPA) and the commission’s related rules apply to users of Internet-to-phone text messaging technology and similar technologies involving the storage and automatic dialing of wireless telephone numbers. Revolution Messaging states that such a ruling would make clear that Internet-to-phone text messaging technology is a type of “automatic telephone dialing system” under the commission’s rules and is therefore subject to the prohibitions in the TCPA and the commission’s related rules.
• Westfax, Inc. asks the commission to clarify the applicability of the TCPA, the Junk Fax Prevention Act of 2005, and the commission’s related rules to facsimile messages that are converted to electronic mail.
• 3G Collect, Inc. and 3G Collect, LLC ask the commission to clarify the applicability of the TCPA and the commission’s related rules to the use of prerecorded messages by operator service providers in the course of connecting collect callers to telephone numbers assigned to wireless telephones. 3G Collect states that it “does not believe its practices contravene the TCPA and that the public interest demands that collect calling services remain available to consumers.”
• iHire, LLC asks the commission to clarify the applicability of the TCPA and the commission’s related rules to the practice of a third party faxing resumes of individual job applicants in response to “help wanted” postings that request faxed resumes.

Comments on all of these petitions are due November 23, 2012, and reply comments are due December 10, 2012.

If you are interested in commenting on the petitions, please contact Michael B. Hazzard or Ross A. Buntrock.