by Kelley Drye & Warren LLP
FCC Issues Report and Order Aimed at Unlawful Texting
Rule and Order Summary
Specifically, the Order requires that mobile wireless providers (i) compile a Do Not Originate ("DNO") list that includes "invalid, unallocated, or unused phone numbers," as well as numbers "for which the subscriber to the number has requested that texts purporting to be from that number be blocked" and (ii) block all calls on that DNO list at the network level. The FCC determined that no reasonable consumer would want to receive text messages that spoof a number that is not in operation, or worse that purports to be from a well-known or trusted organization. However, the requirement to block numbers on a reasonable DNO list does not apply to texts messages from valid short codes. Blocking texts on a DNO list is similar to the existing requirements for blocking of unwanted voice calls by gateway providers, and is consistent with many of the voluntary measures many providers already have in place.