FCC Seeks Comment on TCPA Auto Recall Exemption Bid; Group Urges FCC to Resolve ATDS Split

The FCC invited input on IHS Markit's request that urgent motor vehicle recall messages be exempted from Telephone Consumer Protection Act wireless calling restrictions (see 1809240046). Comments are due Nov. 5, replies Nov. 20 on the petition for emergency declaratory ruling, said a Consumer and Governmental Affairs Bureau public notice in docket 02-278 and Friday's Daily Digest. IHS said calls and texts on recalls should be exempt from TCPA wireless calling restrictions under a public safety exception: "automated calls may be placed, even absent 'prior express consent,' when they are 'made for emergency purposes.'" Citing a circuit split, the National Association of Federally-Insured Credit Unions asked the FCC to resolve uncertainty on what constitutes TCPA-restricted "automated telephone dialing system" calls. Following a U.S. Court of Appeals for the D.C. Circuit's ACA International v. FCC ruling (see 1803160053), "three circuit courts have decided questions related to what type of equipment constitutes an autodialer," NAFCU filed, posted Thursday in FCC docket 18-152. "The Second and Third Circuit have adopted a narrower definition whereas the Ninth Circuit chose to expand the definition." The FCC recently sought comment after the 9th Circuit ruling (see 1810030054).