The FCC’s Consumer and Governmental Affairs Bureau (Bureau) has granted Edison Electric Institute’s (EEI) Petition for Declaratory Ruling, which asked that the Bureau clarify that utilities have prior express consent under the Telephone Consumer Protection Act (TCPA) to send demand response texts and calls to their customers. In the Declaratory Ruling, the Bureau has confirmed that when a consumer gives a utility their phone number, they give their prior express consent to receive non-telemarketing demand response calls and texts. In so doing, the Bureau has confirmed that such calls and texts are “closely related” to the utility service.
