On June 9, 2025, the Federal Communications Commission ("Commission") issued a declaratory ruling clarifying that utilities may send non-telemarketing, time-sensitive "demand-response" calls and texts to customers who have provided their phone numbers to the utilities, without obtaining additional consent to do so. The ruling, which was made in response to a petition from the Edison Electric Institute ("EEI"), affirms that such communications are "closely related" to utility services and fall within the scope of prior express consent under the Telephone Consumer Protection Act ("TCPA").
Background: The TCPA, Utility Communications, and EEI's Petition
The TCPA generally restricts the use of robocalls and robotexts made using an automatic telephone dialing system (known as an autodialer) to consumers. Telemarketing or advertising robocalls and robotexts require consumers' prior express consent, while informational messages that are closely related to the service for which a consumer signs up are permissible.
In 2016, the Commission clarified that, in the utility context, these "closely related" calls and texts include outage notifications, service updates, notification of meter work or field work, notification of potential eligibility for subsidized or low-cost service, and information about potential brown-outs. As a result, prior express consent to receive robocalls and robotexts related to these issues is not required. However, the scope of this consent regarding "demand-response" communications—i.e., messages encouraging customers to reduce or shift energy use during peak demand—remained unsettled. As a result, EEI's petition sought explicit confirmation that utilities may send demand-response communications to customers based solely on the provision of a phone number.
Ruling and Implications
The Commission's ruling confirms that these communications do not require additional prior express consent. Specifically, the ruling states:
- Utilities' demand-response communications are "closely related" to utility service.
- When a customer provides their phone number to a utility, they consent to receiving non-telemarketing demand-response communications, which can be critical and time-sensitive.
- Utilities are not required to obtain additional consent from customers for these communications, thus streamlining customer outreach and supporting grid reliability and the efficient management of grid infrastructure.
- The ruling does not apply to telemarketing or advertising messages, which remain subject to the TCPA's consent requirements.
- Demand-response communications are distinct from general energy-savings marketing, as the former are targeted, short-term and time-sensitive, and directly tied to grid reliability and service continuity.
Ultimately, the Commission notes that the ruling gives utilities greater certainty and flexibility to implement demand-response programs, helping manage grid stress and prevent service disruptions. Meanwhile, customers will benefit from timely, relevant information and retain the right to opt out of such communications.
This ruling provides further clarity with respect to how the Commission interprets the term "closely related" in the context of TCPA compliance. While it does not change the Commission's underlying approach to consent under the TCPA with respect to marketing and advertising calls and texts, the ruling demonstrates the Commission's willingness to expand the types of calls and texts that the agency deems informational and thus not subject to prior express consent.
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