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FCC Corrects July 10, 2015 TCPA Order

July 31, 2015 By David Carpenter

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.

Filed Under: Privacy, Privacy Litigation, Privacy Policy Tagged With: Federal Communications Commission (FCC), Telephone Consumer Protection Act (TCPA)

About David Carpenter

David Carpenter is a partner with Alston & Bird's Litigation & Trial Practice Group. He concentrates his practice in general business and commercial litigation, with special focus on consumer and privacy class action defense, business torts and contract disputes.

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