What Consent is Required for Non-Telemarketing Calls?

Non-telemarketing calls/texts to cell phones made using an ATDS or prerecorded voice require prior express consent (PEC).  The term “prior express consent” is not defined under the TCPA or FCC regulations. However, in 1992, the FCC addressed the issue of PEC in the context of calling wireless numbers by stating:

 

Persons who knowingly release their phone numbers to a caller have in effect given their invitation or permission to be called at the number which they have given, absent instructions to the contrary. […] However, if a caller’s number is “captured” by a caller ID or an ANI device without notice to the residential telephone subscriber, the caller cannot be considered to have given an invitation or permission to receive autodialer or prerecorded voice message calls.

The FCC’s broad language in discussing the express consent consumers provide by releasing their telephone numbers is important. The FCC could have limited the scope of the express consent to the specific purpose(s) for which the consumer provided his/her number (e.g., to be contacted when an item is ready to be picked up); however, the only limits placed on this method of obtaining PEC were:

1) the call recipient must have provided the number to the business directly or via an intermediary (i.e., capturing it via caller ID or from a third party is not sufficient);

2) there is no express consent if the call recipient provided “instructions to the contrary” (i.e., indicated that he/she doesn’t want to be contacted at that number);

3) the call must be for “normal business communications;” and

4) the call must be closely related to the purpose for which consent was given.

As recently as 2015, the FCC reiterated its PEC standard.

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We are dedicated to providing the highest quality of service, while working to eliminate spam, phishing, and fraudulent messages. To help ensure these goals are met, and in accordance with CTIA messaging guidelines, the following policies apply to our SMS/ MMS solutions.

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CTIA Messaging guidelines

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Telephone Consumer Protection Act

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If this is your first time contacting us, send us a text message to 914-944-0110. You will be prompt with a consent to contact you via text/SMS messaging regarding your reservations and/or quotes for reservations.