Consumers Union, the policy and mobilization division of Consumer Reports, welcomes
the opportunity to comment on the petition of ContextMedia, Inc. d/b/a Outcome Health
to the Federal Communications Commission to exempt messages
sent in violation of the Telephone Consumer Protection Act (TCPA) as a result of a “technical
error.” We agree with the position taken in comments by the National Consumer Law Center,
Consumer Action, Consumer Federation of America, National Association of Consumer
Advocates, Public Citizen, Public Knowledge, and U.S. PIRG (“Consumer Group
Comments”), and recommend that the Commission deny the petition. We are concerned that
Outcome is inappropriately seeking relief from the Commission for alleged violations of the
TCPA for which it is a defendant in pending litigation in federal court. Moreover, granting the
petition would inappropriately undermine consumers’ ability to limit the calls that they receive,
thus compromising the TCPA’s purpose, and one of our primary policy goals.