On October 17th 2013 MMA member company Patton Boggs LLP, on behalf of a consortium of MMA members companies, filed a petition to the FCC asking for clarification on rules that went into effect October 16th 2013. Specifically, it is critical for the Commission to declare explicitly that in those cases where a mobile marketer has, prior to October 16, already received a consumer's express consent in writing to receive certain mobile marketing communications, consistent with the TCPA rules already in place at the time consent was given, the consumer does not have to take additional steps in order to continue receiving those messages, and the mobile marketer does not need to take steps to obtain the revised forms of written consent applicable to new customers starting October 16.
After the filing the MMA and other companies in the Coalition visited with FCC staff to add more background and color to the self-regulated nature of SMS messaging. Thereafter, the FCC opened the Public Comment period and MMA , with seven member companies as signatories, posted comments on December 2nd 2013. After all submitted comments are posted, there is a Reply period that is open until December 16th 2013. While a favorable decision is possible, the timing of such FCC response will probably take many months.