A December 14, 2022 PowerPoint presentation before the FCC, presented by Margot Saunders and Carolyn Carter at the National Consumer Law Center and Chris Frascella at the Electronic Privacy Information Center (EPIC), covers the following:
- DNC rules apply to text messages (we are not talking about 227(b) rules)
- TCPA’s requirements for prior express invitation or permission (consent) for telephone solicitation texts under 227(c).
- How TCPA requirements—
- only allow consent to be provided to the seller, and
- only to one seller at a time;
- require an affirmative action indicating consent.
- Federal E-Sign’s definition of an electronic signature requires that –
- the consumer must have an intent to sign the agreement with the seller,
- the electronic signature must be attached to or logically associated with the agreement with the seller.