On May 3, the Peer-to-Peer Alliance (P2P Alliance) filed a Petition for Clarification asking the FCC to clarify that P2P text messages to mobile numbers are not subject to TCPA restrictions. It explained that P2P messaging is often used by universities, nonprofits, businesses, and political organizations to communicate with individuals with whom they already have a relationship. Additionally, all messages “transmitted using a P2P platform must be individually sent from a single sender to a single recipient.” P2P Alliance therefore contends that 1) “P2P text messaging does not involve the use of equipment that constitutes an automatic telephone dialing system,” 2) P2P non-political messages involve a prior relationship between the parties and consent to receive messages, and 3) P2P political messages are “manually dialed by an individual and do include not (sic) ‘telephone solicitations’ as defined by the TCPA.” The Commission has yet to respond.
Russell H. Fox is a wireless communications attorney at Mintz. He guides clients through federal legislative, regulatory, and transactional matters. Russell also participates in FCC proceedings, negotiates spectrum agreements, and represents clients in spectrum auctions.
Elana R. Safner is an attorney who advises Mintz clients on public policy, regulatory issues, and disputes affecting the communications sector. Elana also handles privacy and cybersecurity matters. She has CIPP certification from the International Association of Privacy Professionals.