The Federal Communications Commission (“FCC”) has issued a Request for Comment on a Petition for Expedited Declaratory Ruling filed by Assurance IQ, LLC relevant to the teleservices industry.  Specifically, the FCC requests comment as to whether a caller may presume consent under the Telephone Consumer Protection Act (“TCPA”) where they have a reasonable basis to do so and until such time as the called party claims they did not provide consent.  PACE plans to file comments with the FCC and would appreciate your input and any experiences or demonstrative information you or your company can provide to support granting portions of the Request relative to called party’s consent.

This issue is important to our industry because of the potential problems that arise from reassigned telephone numbers, or situations where a user mistypes their telephone number on a lead generation form.  As a member of PACE, we value your input on this topic.  Some potential comments might include:

  1. Yes, a caller should be able to presume consent under the TCPA where the telephone number at issue was provided to the caller on a lead generation form, and until such time as the called party claims they did not provide consent.
  2. Yes, a caller should be able to presume consent under the TCPA where the telephone number at issue was provided directly by a consumer, whether over the phone or in person, and until such time as the called party claims they did not provide consent.
  3. Yes, a caller should be able to presume consent under the TCPA where the telephone number at issue is affirmatively displayed on the caller’s opt-in information, and until such time as the called party claims they did not provide consent.

Comments must be filed with the FCC by July 6, 2020.

If you would like to include your comments in the PACE filing, please forward them to PACE General Counsel Michele Shuster at mshuster@mslawgroup.com on or before June 29, 2020.

Thank you in advance for your input.