ETA | Electronic Transactions Association

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ETA Signs Joint Trade Letter to the FCC Regarding TCPA

March 10, 2017

I. Summary of Petitioners’ Arguments.
The Petitioners are asking the Commission to issue a rule requiring written consent for all calls made to wireless and residential lines subject to TCPA restrictions. In a further effort to expand their opportunity for TCPA litigation, the Petitioners are seeking a declaratory ruling to overturn the FCC’s allegedly “improper interpretation that ‘prior express consent’ includes implied consent resulting from a party’s providing a telephone number to the caller.”8 Specifically, the Petition urges the FCC to adopt a rule requiring that every call made to either a wireless or residential line be placed pursuant to consent that is expressly stated, specifically pertaining to autodialed or prerecorded calls, at a specified number, and in writing. The Petitioners argue that the Commission’s rules are 1) invalid under steps one and two of Chevron, 2) contravene the TCPA, 3) conflict with the Commission’s own rulings on telephone calls; and 4) have created widespread confusion. The Associations disagree for the reasons set forth below.

ETA’s full comment on the Petition for Rulemaking and Declaratory Ruling (“Petition”) regarding prior express consent under the Telephone Consumer Protection Act of 1991 can be viewed here.