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FCC Asked to Clarify Meaning of Prior Express Consent Under TCPA – Glass & Goldberg | Financing, Property & Bankruptcy Law
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FCC Asked to Clarify Meaning of Prior Express Consent Under TCPA

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The Federal Communications Commission (FCC) has issued a public notice requesting comment on a petition for an expedited declaratory ruling filed by Santander Consumer USA that asks the FCC to provide clarification on prior express consent under the Telephone Consumer Protection Act (TCPA).

Specifically, the Santander petition asks the FCC to “clarify and confirm that ‘prior express consent’ to receive non-telemarketing calls and text messages to cellular telephones sent using an automatic telephone dialing system (‘ATDS’) and/or an artificial or prerecorded voice message cannot be revoked.”

If the FCC determines that the TCPA does give consumers the right to revoke prior express consent to receive non-telemarketing communications, the Santander petition asks that the FCC then clarify that a caller can require consumers to revoke prior express consent by mail, email, text message, fax or other methods prescribed by the FCC to address emerging technologies.

The FCC and the TCPA prohibit prerecorded or ATDS non-emergency calls and text messages to cell phones without the prior express consent of the consumer. In its petition, Santander asserts that neither the FCC nor the TCPA has undertaken rulemaking that provides a right to revoke prior express consent for non-telemarketing calls. Santander says that the increase in TCPA litigation and differing court rulings on the matter demonstrate a need for clarification from the FCC.

The comment deadline is September 2, 2014.

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