Online portal provider for insurance costs is calling on the FCC to provide clarity on called party and prior express consent.
6/11/2020 9:00
Assurance IQ LLC (Assurance) has filed a petition for an expedited declaratory ruling asking the Federal Communications Commission to clarify components of the Telephone Consumer Protection Act that could have implications for the accounts receivable management industry.
Assurance provides an online portal for consumers to obtain, at their specific request, information about the potential cost of life, health, Medicare Advantage, Medigap, auto and homeowner’s insurance.
The company asks the FCC to issue the following clarifications:
- Where it is determined that a calling party has sufficient information to establish a “reasonable basis to believe that they have valid consent to make the call,” the caller may rely on that consent for TCPA purposes until the caller is informed otherwise, and;
- A prerecorded introductory message on an otherwise live call does not convert the entire call into a prerecorded or artificial call within the scope of the TCPA.
According to the petition, the FCC has consistently applied a “reasonable reliance” standard when construing the term “prior express consent” under the TCPA.
Assurance requests that the FCC find callers can “reasonably rely” on a confirmed TCPA-compliant consent—identifying the name, phone number and address of the consumer—until the called party claims to the caller that he or she did not provide the consent. For example, the FCC should declare that the company can reasonably rely on the prior express written consent of an individual who uses a company website and enters accurate information (including a name and telephone number) “until such point as the consumer informs the company otherwise.”
Without the relief the petition seeks, Assurance argues that callers could face arbitrary TCPA liability whenever a number is provided over the Internet, even after taking all reasonable and diligent steps to ensure TCPA compliance.
Assurance also contends that, an 8-to-10 second recording introducing the individual calling and identifying the call will be recorded on an otherwise live call with a guide should not deem the call as prerecorded or artificial under the TCPA.
The FCC has issued a public notice for comments on these issues or any other issues raised in the petition. Comments are due June 22, 2020, and reply comments are due July 6, 2020.
A favorable result on this appeal could significantly ease compliance burdens on all callers—not only on the parameters of “prior express consent”—but also on de minimis prerecorded voice.
ACA International strongly encourages callers to file comments to the FCC. If you would like to share feedback on the issue to inform comments from ACA, contact Vice President and Senior Counsel of Federal Advocacy Leah Dempsey at [email protected].
For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at [email protected] call (952) 926-6547.