FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act - Mayer Brown
FCC confirms utilities' demand response communications are permissible under the TCPA, providing clarity for utilities and their vendors.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 26, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Low urgency. Utilities, demand response providers, and their vendors making informational calls/texts. should confirm how it applies to their specific situation before acting. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed. Regulated niches like Telemarketing & TCPA Compliance move faster than most operators can track by hand, which is why Aforeworn watches the official sources for you and flags every material change the moment it appears.
What changed
FCC clarified that demand response communications are not subject to TCPA restrictions, as they are not telemarketing.
Who it affects
Utilities, demand response providers, and their vendors making informational calls/texts.
What you must do
No immediate action required; review current practices to ensure compliance with the clarification.
Deadline
No fixed deadline was published, but changes like this are often enforced quickly — act promptly.
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