On March 11, the FCC released a Public Notice seeking comment on a petition for a declaratory ruling and/or waiver filed by petitioners who request the FCC clarify its Telephone Consumer Protection Act (TCPA) rules. The petitioners, including a trade association and several businesses, requested a declaratory ruling or waiver regarding the TCPA and its application to telemarketing text messages sent outside the designated “Quiet Hours” of 8:00 a.m. to 9:00 p.m. They argued the TCPA has been misused by litigators to target businesses with “frivolous” lawsuits, causing financial strain and diverting resources from innovation and job creation. Specifically, the petitioners seek clarification on whether consumers who have provided prior express written consent can claim damages for receiving such messages outside these hours.

Additionally, the petitioners propose the FCC either waive this rule for wireless phones or establish a presumption that a phone’s area code would indicate the recipient’s location. The notice outlined the procedures for filing comments and reply comments, with deadlines set for April 10 and 25, respectively. The proceeding was designated as a “permit-but-disclose” proceeding under the FCC’s ex parte rules, requiring parties to file written summaries of oral presentations. The notice concluded with contact information for further inquiries.