We’re Monitoring the GroupMe and Cargo Airline Association Petitions to the FCC — What is an “AutoDialer” under TCPA and Can Consent to Be Called (or sent a text message) Be Given By Someone Other than the Called Party?

GroupMe and the Cargo Airline Association have filed Petitions to the FCC, asking the FCC to re-visit its definition of autodialer and whether consent can be given by someone other than the called party.  See the GroupMe Notice of Req for Comment by FCC, US Chamber of Commerce’s Comments to the Petition, and a Notice of Ex Parte Meeting with FCC filed by GroupMe’s lawyers and discussing the substance of a meeting in January 2013 with the FCC.  See also the FCC’s Notice of Request for Comment for the CAA’s Petition and the Cargo Airline Association’s Reply to Comments in Response to the FCC’s Notice.