On March 16, the FCC adopted a Report and Order setting the first regulations targeted at preventing scam text messages sent to consumers, relying on its authority provided by the TCPA.  Mobile wireless providers are required to block texts, at the network level, that purport to be from a North American Numbering Plan (NANP) number on a reasonable Do-Not-Originate (DNO) list.  Mobile wireless providers must also establish a point of contact, either themselves or through a contractor, to accept blocking complaints from consumers.  Compliance with these rules will be required within six months after OMB approval of the rules, which has not yet occurred.

A Further Notice of Proposed Rulemaking was also adopted proposing to implement additional protections for consumers, such as requiring terminating providers to block texts from a sender after they have been notified by the FCC that the sender is sending illegal texts and amending the TCPA consent requirements to require that such consent be considered granted only to callers logically and topically associated with the website that solicits consent and whose names are clearly disclosed on the same web page.

Comments on the FNPRM are due May 8 and reply comments are due June 6.

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