Compliance Update: FCC Solicits Comments to Redefine “Expressed Consent”

The FCC has released a Public Notice soliciting comments on the most recent petition by Craig Cunningham and Craig Moskowitz seeking to redfine the “express consent” standard for non-marketing automated calls and texts to wireless phones.  This would primarily apply to automated collections calls, informational calls and the like.  In the past, calls like this have been allowed without written consent so long as the recipient had previously provided their cell number to the company, for the purpose of “non-marketing” activities.

The FCC petition argues that “express consent” should be in writing, list a specific phone number and specify what dialer technology will be used to make the call.

The petition, if granted, will seriously affect the way collections companies do business and other companies who send non-marketing messages to people who provided their numbers voluntarily and who have not opted out or had their numbers reassigned.

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