FCC Solicits Comments on Petitions Seeking Clarification of “Prior Express Consent”
By Joseph C. Wylie II, Molly K. McGinley, Nicole C. Mueller
The Consumer and Governmental Affairs Bureau of the Federal Communications Commission (the “FCC”) recently issued public notices for comments on two petitions that seek clarification or reversal of the FCC’s interpretation of the “prior express consent” of the Telephone Consumer Protection Act (the “TCPA”). Taken together, the petitions request a reversal of the FCC’s long-standing guidance that a consumer provides “prior express consent” to be contacted on a wireless number by providing that number to a business in connection with a voluntary transaction, thus allowing the business to use autodialed or prerecorded voice calls to the consumer to communicate with the consumer regarding the parties’ relationship. A change to the FCC’s interpretation of “prior express consent” could have significant impact on businesses’ communications with its existing customers.