August 2016

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TCPA and Utility Emergency Calls

The FCC has issued a Declaratory Ruling extending the emergency purpose exemption in the TCPA to include calls and texts from both utility companies and schools. The Ruling, in effect, expands the scope of “prior express consent” for these organizations to consumers and parents who have previously provided a wireless number. This latest Declaratory Ruling …

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What is Prior Express Consent?

Automated calls, texts, and similar communications are not allowed under the Telephone Consumer Protection Act (TCPA) unless “prior express consent” has been given to the company behind them. But what is “prior express consent” and can it be revoked? Prior express consent has been defined by the courts as “unambiguous written consent.” That seems fairly …

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