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CGB Seeks Comment on Petition from YouMail, Inc

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Released: June 25, 2013


Federal Communications Commission

News Media Information 202 / 418-0500

445 12th St., S.W.


Washington, D.C. 20554

TTY: 1-888-835-5322

DA 13-1433

Released: June 25, 2013



CG Docket No. 02-278

Comment Date: July 25, 2013
Reply Comment Date: August 9, 2013

With this Public Notice, the Consumer and Governmental Affairs Bureau seeks comment
on a Petition for Declaratory ruling filed by YouMail, Inc. (YouMail)1 seeking clarification of
three issues arising under the Telephone Consumer Protection Act (TCPA)2 and Section 64.1200
of the Commission's rules.3
YouMail states that it provides a software-based service that allows smartphone users to
replace default voicemail options with customizable telephone answering functions, including
automated text message replies to calls.4 YouMail first asks the Commission to clarify that its
"virtual receptionist" software is not an "automatic telephone dialing system" (ATDS) as defined
by 47 U.S.C. 227(a)(1)"5 because the software does not have the current capacity to store,
produce, or dial random or sequential telephone numbers but, instead, responds one time to a
single input (a caller leaving a voicemail message) and only when instructed to do so by a user's
settings and when adequate caller ID information is available. Second, YouMail asks the
Commission to clarify that YouMail does not initiate calls because it does not cause the call to
occur as defined by the TCPA.6 Third, YouMail asks the Commission to confirm that callers
provide prior consent to receive a responsive text when leaving voicemail messages for a

1 See YouMail, Inc., Petition for Expedited Declaratory Ruling and Clarification, CG Docket No. 02-278 (filed Apr.
19, 2013) (Petition) (noting that several companies including YouMail are the subject of class action lawsuits based
on the TCPA's definition of autodialer and classifications of group text-based services).
2 Codified as 47 U.S.C. 227.
3 47 C.F.R. 64.1200.
4 Petition at 2-3.
5 Id. at 9-10.
6 Id. at 12.

YouMail subscriber.7 YouMail states that these clarifications are needed to address the status of
these technologies and services under the statute and implementing regulations.8
Pursuant to sections 1.415 and 1.419 of the Commission's rules,9 interested parties may
file comments and reply comments on or before the respective dates indicated on the first page of
this Notice. Comments may be filed using the Commission's Electronic Comment Filing System
(ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by
accessing the ECFS:
Paper Filers: Parties who choose to file by paper must file an original and one copy
of each filing.
Filings can be sent by hand or messenger delivery, by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail. All filings must be addressed
to the Commission's Secretary, Office of the Secretary, Federal Communications
All hand-delivered or messenger-delivered paper filings for the Commission's
Secretary must be delivered to FCC Headquarters at 445 12th St., SW, Room TW-
A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any envelopes and
boxes must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445
12th Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a "permit-but-disclose" proceeding
in accordance with the Commission's ex parte rules.10 Persons making ex parte presentations

7 Id. at 13-14.
8 Id. at 1-2. YouMail notes that it and several other companies are the subjects of class action lawsuits based on the
TCPA's definition of autodialer and classifications of group text-based services. Id. at 8, 15.
9 47 C.F.R. 1.415, 1.419.
10 47 C.F.R. 1.1200 et seq.

must file a copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a different deadline
applicable to the Sunshine period applies). Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte presentation was made, and (2)
summarize all data presented and arguments made during the presentation. If the presentation
consisted in whole or in part of the presentation of data or arguments already reflected in the
presenter's written comments, memoranda or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where such data or arguments can
be found) in lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex parte presentations and
must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for
which the Commission has made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations, and all attachments
thereto, must be filed through the electronic comment filing system available for that proceeding,
and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in
this proceeding should familiarize themselves with the Commission's ex parte rules.


B. Lynn Follansbee, Consumer and
Governmental Affairs Bureau, Federal Communications Commission, 202-418-1514, and

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