Hogan Lovells Advises on FCC TCPA Win for Utility Company Demand Response Communications

The decision confirms that utility companies can send vital “demand response” messages to their customers under the Telephone Consumer Protection Act (TCPA), supporting grid reliability and empowering consumers to manage their energy use more effectively.

Demand response programs allow customers to reduce or shift electricity usage during peak periods, helping to stabilize the grid and avoid cost increases. The FCC's ruling confirms that when customers provide their phone numbers to establish utility service, they are giving "prior express consent" under the TCPA to receive demand response messages.

 "This ruling is a win for consumers, utility companies, and the FCC," said Mark Brennan, Partner in the Communications, Internet, and Media practice at Hogan Lovells. "We are proud to have supported EEI in championing a practical approach to demand response communications under the TCPA."

 “Our top-ranked Communications, Internet, and Media practice has been a leader in TCPA issues for many years, and we are so pleased to be able to support EEI on this great outcome,” said Ari Fitzgerald, Practice Area Leader for Communications, Internet, and Media practice at Hogan Lovells.

 The petition received widespread support, including from the National Association of Regulatory Utility Commissioners. Attorneys Mark Brennan, John Castle, Jay Mills, and Jordyn Johnson helped EEI on the matter.