FCC Issues New Ruling Regarding TCPA And Express Consent Definition
The FCC recently published its final ruling that modified the TCPA’s express consent definition. The TCPA is a piece of legislation that prevents businesses from sending unwanted phone calls and texts to consumers. It provides for specific penalties should a business violate the rules and illegally send consumers unwanted texts and phone calls.
The rule went into effect on March 26, 2024 except as to the requirements related to carriers and text message blocking. Those rules become effective July 24, 2024.
One of the major changes relates to the definition of the TCPA’s express consent language in the text of the law. The effective date for the one-to-one consent rule, as it is being called, has been set for January 27, 2025.
The One-to-one consent rule
9) The term prior express written consent means an agreement, in writing, that bears the signature of the person called or texted that clearly and conspicuously authorizes no more than one identified seller to deliver or cause to be delivered to the person called or texted advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice. Calls and texts must be logically and topically associated with the interaction that prompted the consent and the agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.
The new language is in bold. The rule makes it so that an individual cannot “consent” to calls that were made by more than one vendor or lead generator. In other words, you cannot “consent” to calls made by a business that does not have your prior written consent. You can only consent to one business at a time and the agreement must identify the telephone number from which you receive your calls. The context of the message must be related to the action that prompted the consent in the first place.
In other words, the FCC’s one-to-one ruling is a new federal regulation that alters the TCPA’s express written consent definition in a way that requires consumers to select each seller the consumer chooses to receive calls from individually. The ruling also limits the scope of consent to calls that are “logically and topically” related to the transaction that gave rise to the consumer’s consent.
Under the TCPA, express written consent is required for any call that is made using specific technology such as automatic telephone dialers, prerecorded or artificial voice calls, AI voice calls, and any form of outbound IVR or voicemail technology using prerecorded or artificial voice messages.
Talk to a Dayton & Columbus, OH TCPA Violations Attorney Today
The TCPA has made it illegal for businesses to use certain forms of technology to reach out to customers. If you have received unwanted or harassing solicitations from businesses over the phone or in the form of a text message, call the Columbus TCPA violations attorneys today at Kohl & Cook Law Firm LLC. We can review the text messages and determine whether or not you can sue for money damages. Call today to learn more.
Source:
tcpaworld.com/2024/01/26/final-rule-published-fcc-one-to-one-ruling-hits-federal-registrar-and-the-countdown-to-implementation-is-on/
