Telephone Consumer Protection Act Of 1991 And Fcc Policy Guidance

936 WordsJun 23, 20154 Pages
BACKGROUND:  The Church receives contact information including telephone numbers, email addresses, physical addresses, etc. that is provided by constituents through our online website, direct mail, volunteer applications, offering envelopes and other means.  The marketing department wants to contact these individuals by telephone (live or automated calls), email and text.  They are seeking direction to determine what they need to do to secure permission to do this. QUESTION: What does marketing need to do in order to secure that they have permission to contact such individuals in the manner as described above? APPLICABLE LAW: Telephone and Cellular Phone Calls: Telephone Consumer Protection Act of 1991 and FCC Policy Guidance from 2015 • The rules for obtaining cell phone consent have not changed for nonprofit organizations. • Expressed consent is still acceptable, meaning, the consumer could list his phone number on a document or a website as contact information and this would be considered “consent”. Consumers must have the right to revoke consent in any reasonable way at any time. • The rule change that became effective on October 16, 2013, was directed towards commercial sales calls and “express written” consent is now required. • The consumer must provide a signature, authorizing an organization to place calls to the cell phone and the language below would comply with this. • If a phone number has been reassigned the FCC now requires a company to stop calling

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