The Daily Journal interviewed Manatt's Donna Wilson, a partner in the firm Litigation division, for an article on the efforts that the banking and healthcare industries have taken to receive certain exemptions from the Telephone Consumer Protection Act and help alleviate growing consumer lawsuits.
As reported by the Daily Journal, regulators decided earlier this year that package delivery companies can text people when their parcels arrive without violating the TCPA. After the FCC order in March involving the Air Cargo Association relieved certain package deliverers from the TCPA, the American Banking Association hopes to carve out its own exemption. It's asking to use an automatic dialing system to send certain messages to customers without their consent, such as notifying them of a data breach, or warning them of a transaction that suggested possible fraud or identity theft.
"That order provided a window into the commission's thinking and a realization that you don't want to deprive consumers of certain benefits, such as delivery notifications," said Wilson. "The American Banking Association specifically referenced back to that order. Their arguments are even more compelling."