This week, the FCC issued the following correction of its July 10, 2015 Order on the Telephone Consumer Protection Act (“TCPA”):
In Paragraph 100, the fourth sentence is corrected to read as follows: “It follows that the rule applies per call and that telemarketers should not rely on a consumer’s written consent obtained before the current rule took effect if that consent does not satisfy the current rule.”
The paragraph had previously stated, incorrectly, “if that consent does satisfy the current rule.”
The message in the correction is clear: Any caller must have obtained prior express written consent prior to placing telemarketing calls in a manner that implicates the TCPA, no matter when the initial consent was obtained.
To read Alston & Bird’s previous analysis of the FCC’s July 10, 2015 TCPA order, please click here.