Federal Communications Commission FCC 15-72
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3. With this Declaratory Ruling and Order, we address 19 petitions
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filed by American
Association of Healthcare Administrative Management (AAHAM), American Bankers Association
(ABA), Coalition of Mobile Engagement Providers (Coalition), Consumer Bankers Association (CBA),
Direct Marketing Association (DMA), Paul D. S. Edwards (Edwards), Milton H. Fried, Jr., and Richard
Evans (Fried and Evans), Glide Talk, Ltd. (Glide), Global Tel*Link Corporation (GTL), Professional
Association for Customer Engagement (PACE), Retail Industry Leaders Association (RILA), Revolution
Messaging (Revolution Messaging), Rubio’s Restaurant, Inc. (Rubio’s), Santander Consumer USA, Inc.
(Santander), Stage Stores, Inc. (Stage), TextMe, Inc. (TextMe), United Healthcare Services, Inc. (United),
YouMail, Inc. (YouMail), and 3G Collect, Inc., and 3G Collect LLC (3G Collect). We also address a
letter from the National Association of Attorneys General (NAAG), requesting clarification.
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Finally, we
decline to grant a petition for rulemaking filed by ACA International (ACA).
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Because of the significant
similarity of issues between some of the petitions, we address them together by issue rather than
individually.
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7
American Association of Healthcare Administrative Management, Petition for Expedited Declaratory Ruling and
Exemption, CG Docket No. 02-278, filed Oct. 21, 2014 (AAHAM Petition); American Bankers Association, Petition
for Exemption, CG Docket No. 02-278, filed Oct. 14, 2014 (ABA Petition); Coalition of Mobile Engagement
Providers, Petition for Declaratory Ruling, CG Docket No. 02-278, filed Oct. 17, 2013 (Coalition Petition);
Consumer Bankers Association, Petition for Declaratory Ruling, CG Docket No. 02-27, filed Sept. 19, 2013 (CBA
Petition); Direct Marketing Association, Petition for Forbearance, CG Docket No. 02-278, filed Oct. 17, 2013;
Direct Marketing Association, Emergency Petition for Special Temporary Relief, CG Docket No. 02-278, filed Oct.
17, 2013 (together DMA Petition); Paul D. S. Edwards, Petition for Expedited Clarification and Declaratory Ruling,
CG Docket No. 02-278, filed Jan. 12, 2009 (Edwards Petition); Milton H. Fried, Jr., and Richard Evans, Petition for
Expedited Declaratory Ruling, CG Docket No. 02-278, filed May 27, 2014 (Fried Petition); Glide Talk, Ltd.,
Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed Oct. 28, 2013 (Glide Petition); Global
Tel*Link, Petition for Expedited Clarification and Declaratory Ruling, CG Docket No. 02-278, filed March 4, 2010
(GTL Petition); Professional Association for Customer Engagement, Petition for Expedited Declaratory Ruling
and/or Expedited Rulemaking, CG Docket No. 02-278, filed Oct. 18, 2013 (PACE Petition); Retail Industry Leaders
Association, Petition for Declaratory Ruling, CG Docket No. 02-278, filed Dec. 30, 2013 (RILA Petition);
Revolution Messaging, Petition for Expedited Clarification and Declaratory Ruling, CG Docket No. 02-278, filed
Jan. 19, 2012 (Revolution Petition); Rubio’s Restaurant, Inc., Petition for Expedited Declaratory Ruling, CG Docket
No. 02-278, filed Aug. 15, 2014 (Rubio’s Petition); Santander Consumer USA, Inc., Petition for Expedited
Declaratory Ruling, CG Docket No. 02-278, filed July 10, 2014 (Santander Petition); Stage Stores, Inc., Petition for
Expedited Declaratory Ruling, CG Docket No. 02-278, filed June 4, 2014 (Stage Petition); TextMe, Inc., Petition for
Expedited Declaratory Ruling and Clarification, CG Docket No. 02-278, filed Mar. 18, 2014 (TextMe Petition);
United Healthcare Services, Inc., Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed Jan. 16,
2014 (United Petition); YouMail, Inc., Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed April
19, 2013 (YouMail Petition); 3G Collect Inc., and 3G Collect LLC, , Petition for Expedited Declaratory Ruling, CG
Docket No. 02-278, filed Oct. 28, 2011 (3G Collect Petition).
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Letter from Indiana Attorney General Greg Zoeller et al. to Tom Wheeler, Chairman, Federal Communications
Commission (Sept. 9, 2014) (additional signatories include Attorneys General from Alaska, Arizona, Arkansas,
Colorado, Connecticut, District of Columbia, Florida, Guam, Hawaii, Idaho, Illinois, Iowa, Kentucky, Maine,
Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North
Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Dakota, Tennessee, Utah,
Vermont, Virginia, Washington, West Virginia, and Wyoming) (NAAG Letter).
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ACA International, Petition for Rulemaking, RM No. 11712 (filed Feb.11, 2014) (ACA Petition). The ACA
Petition specifically asks the Commission to “initiate a rulemaking to address significant issues related to the
application of the [TCPA].” Id. at 1; see also id. at 18. The Commission issued a Public Notice regarding the ACA
Petition for Rulemaking. See Consumer and Governmental Affairs Bureau Reference Information Center Petition
for Rulemaking Filed, Report No. 2999, RM No. 11712 (Feb. 21, 2014). See Appendix U for a list of all
commenters on the ACA Petition.
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The Petitions and Letter filed by AAHAM, ABA, Coalition, CBA, DMA, Edwards, Fried and Evans, Glide, GTL,
NAAG, PACE, RILA, Revolution Messaging, Rubio’s, Santander, Stage, TextMe, United, YouMail, and 3G Collect
(continued....)