Under the E-Sign Act, per the terms of the TCPA and TSR a consumer cannot consent to receive calls from thousands of marketing partners listed on the other side of a hyperlink, as the consumer could not have had the intent to sign such an agreement. ![]() The existing regulations under the Telephone Consumer Protection Act (TCPA) and Telemarketing Sales Rule (TSR) state that the seller or their agent are the only entities able to obtain consent from the consumer, meaning that lead generation and telemarketing organizations cannot resell a single consumer consent to multiple companies. ![]() On June 6, the National Consumer Law Center- joined by EPIC and eight other consumer advocacy organizations-submitted reply comments to the Federal Communications Commission urging the FCC not to proceed with its proposed modified rules and instead enforce the stronger, existing rules regarding consent to receive texts and prerecorded telemarketing calls.
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