BACKGROUND
On August 4, 2016, the FCC released an order in response to a petition by Blackboard, Inc. allowing school callers to lawfully make robocalls and send automated texts to student family wireless phones pursuant to an “emergency purpose” exception of the Telephone Consumer Protection Act (TCPA) or with prior express consent. The TCPA is codified at section 227 of the Communications Act of 1934, as amended. See 47 U.S.C. § 227. The FCC’s decision in its entirety can be obtained at: https://www.fcc.gov/document/blackboardedison-tcpa-declaratory-ruling.
QUICK FACTS
- Schools can make robocalls or send automated texts to student family wireless phones regarding the health and safety of students and faculty, including unexcused absences, weather closures, and incidents of threats or imminent danger to the school, pursuant to the “emergency purpose” exception to the TCPA’s consent requirement;
- Schools can make robocalls with prior express consent when a parent, guardian, or student provides his or her wireless number as a contact and the call closely relates to the educational mission of the school or to official school activities.