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The Times They Are A Changin' (Again): A How-To Guide Regarding Compliance With New FCC Regulations Mandating Prior Express Written Consent

The FCC has made significant changes to the prior express consent requirements under The Telephone Consumer Protection Act. Effective October 16, 2013, senders must obtain prior express written consent to send any text messages or to place any pre-recorded or automated calls to a residential or mobile device. Companies will also have to obtain written consent for those subscribers who opted-in to call or text campaigns before the effective date of the new regulations (essentially, those people will have to “re-sign up” but this time in writing). Notably, the prior express written consent requirement can be satisfied by any number of digital means including a web form, a text message or even a key press on a mobile device.  Click here to read an article that discusses the change in the law, what it means for companies and tips and best practices going-forward.

Copyright © 2020, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume III, Number 290


About this Author

David S. Almeida, Business Attorney, Sheppard Mullin law firm

David S. Almeida is a partner in the Business Trial Practice Group in the firm's Chicago office. 

David's areas of practice are varied and include all aspects of consumer protection law, including defense of alleged consumer fraud, unfair and/or deceptive business practices claims, many of which are often associated with online and offline privacy issues, direct marketing, mobile and electronic commerce platforms, loyalty programs and various promotions practices.