The FCC has ruled that electric consumers consent to calls when they provide their phone number to electric utilities. For demand-response functions, the utilities’ calls are closely related to their utility service.
In its ever-increasing demand for power along with aging infrastructure have strained American electric grids. A tool utilities have to manage grid burden is “demand response” communications that inform customers of actions that they can take to help avoid potential service disruptions and price increases during high demand periods, often saving money on their bills in the process. In this declaratory ruling, we apply Commission precedent to ensure that the Telephone Consumer Protection Act (TCPA) and the Commission’s implementing rules do not impede demand response communications that help ensure reliable utility services.
Specifically, we grant Edison Electric Institute’s (EEI) Petition for Declaratory Ruling and confirm that when a consumer gives a utility their phone number they give their prior express consent to receive non-telemarketing demand response calls and texts.3 In so doing, we confirm that such calls and texts are “closely related” to the utility service. Our action will promote reliable utility service to customers as well as cost savings to consumers.
