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FCC Solicits Comments on Petition to Redefine “Expressed Consent”

Wed, 02/08/2017 - 15:27

Today the FCC released a Public Notice soliciting comments on the recent petition of Craig Cunningham and Craig Moskowitz

Cunningham and Moskowitz ask the FCC to redefine the "express consent" standard for non-marketing automated calls and texts to wireless phones.  This would apply to automated collections calls, informational calls and the like.  Such non-marketing calls have been allowed without written consent so long as the recipient had previously provided their cell number to the company.

Cunningham's and Moskowitz's FCC petition argues that "express consent" should be in writing, list a specific phone number and specify what dialer technology will be used.

The petition, if granted, will seriously harm collections companies and others who send non-marketing messages to individuals who provided their numbers voluntarily and who have not opted out or had their numbers reassigned.

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