What is “Prior Express Consent” Under the TCPA?
The concept of “prior express consent” under the Telephone Consumer Protection Act (TCPA) is a complex one that has led to numerous legal disputes. In essence, prior express consent refers to a situation where a person gives permission for a company to contact them via phone or text message.
However, determining whether consent has been given, and whether it is valid, can be challenging due to various factors such as the clarity of the consent, the context in which it was given, and the scope of the consent.
If you find yourself involved in a TCPA dispute regarding prior express consent, contact The Law Offices of Jibrael S. Hindi to evaluate your rights and options under the law. We charge nothing for our services unless we win compensation for you.
What Constitutes “Prior Express Consent”
To understand what constitutes prior express consent, it is essential to look at the elements that need to be present for a company to contact a consumer without violating the TCPA. The Federal Communications Commission (FCC) has provided guidance on what qualifies as prior express consent.
- Voluntary: Consent must be given voluntarily by the consumer, without any coercion or manipulation. It should not be a condition for receiving a product or service.
- Clear and Unambiguous: The consent must be clear and unambiguous, indicating the consumer’s understanding and agreement to receive communications from the company.
- Specific: Consent should be specific to the type of communication and the means of contact. For example, if someone provides their phone number to receive promotional emails, it does not necessarily imply consent to receive text messages or phone calls.
- Revocable: Consumers have the right to revoke their consent at any time. Companies must provide an easy and accessible way for consumers to opt-out of further communications.
Challenges in Proving “Prior Express Consent”
Determining whether a company has prior express consent to contact a consumer can be challenging. The burden of proof lies with the company, and they must be able to provide evidence of valid consent. However, there are several factors that often complicate the matter:
- Oral versus Written Consent: While written consent is generally more reliable and easier to prove, oral consent can still be valid. However, it may be challenging to provide evidence of such consent.
- Clarity of Consent: The clarity of the consent given by the consumer is crucial. Vague or ambiguous consent may not hold up in a legal dispute.
- Context of Consent: The context in which consent was given is important. For example, if someone provides their phone number during a purchase transaction, it does not necessarily mean they consented to receive marketing calls or messages.
- Scope of Consent: The scope of consent should be clearly defined. If a consumer gives consent for specific purposes, a company cannot extend the use of that consent to other unrelated purposes.
- Revocation of Consent: Consumers have the right to revoke their consent at any time. If a company continues to contact a consumer after they have revoked their consent, it can be a violation of the TCPA.
Consumer Protection Attorneys Dedicated to Your Rights
If you are facing a TCPA case involving prior express consent in Florida, The Law Offices of Jibrael S. Hindi is ready to help. Our consumer protection attorney knows TCPA and its implications. We are committed to fighting for your rights and holding companies accountable for their actions.
Contact us today. We have received millions for our clients, and you pay nothing unless you recover legal relief.