TCPA regulations have forced a shift in marketing strategies to be more focused on "permission based" marketing practices. The burden of proof for obtaining "prior written consent" rests with the company initiating the contact with the customer.

• The FCC defines an Auto Dialer as equipment which has the capacity “(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.”
• The regulation applies to autodialed calls, pre-recorded messages and text messages to wireless devices.
• Companies must have "prior written consent" before using an auto dialer to call a customer’s wireless phone number.
• Companies can make one (1) call to a reassigned number without obtaining the new owner's prior consent to receive autodialed calls before fines can be imposed.
• Consent can be obtained in writing, over the phone, via email, or an online form.