The FCC granted, in part, Cargo Airline Association’s (“CAA”) petition for declaratory ruling, and as result, “package delivery companies may alert wireless consumers about their packages, as long as consumers are not charged and may easily opt out of future messages if they wish, among other pro-consumer conditions.”  (In re Cargo Airline Association Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, ¶1 (2014).)

CAA filed its Petition seeking clarification regarding the application of the TCPA to autodialed or prerecorded calls to consumers’ cell numbers regarding package delivery notifications.  (Id. at ¶3.)  In the alternative, CAA asked the FCC to declare that package delivery notifications are exempt from the TCPA’s restrictions on autodialed and prerecorded calls and messages.  (Id. at ¶7.) 

The FCC granted CAA’s request to exempt its proposed free-to-end-user notifications to consumers’ cell numbers, subject to the following conditions:

1. Notifications can only be sent to the package recipient’s telephone number;
2. Notifications must include the name of the delivery company and its contact information;
3. Notifications must not include any telemarketing, solicitation, or advertising content;
4. Voice call and text message notifications must be concise, and voice calls must be one minute or less and text messages must be 160 characters or less;
5. Delivery companies can only send one notification (voice call or text message) per package.  But if a signature is required, the delivery company may send two notifications;
6. Delivery companies must offer parties the ability to opt out of receiving future notification, and must honor the opt-out request within thirty days; and,
7. Each notification must include information on how to opt-out of future notifications. 

Accordingly, package delivery companies that follow these precise rules will be exempt from TCPA liability pertaining to their issuance of delivery notifications.