TCPA Reset: Fifth Circuit Rejects "Prior Express Written ...

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1. Although this decision may appear to relax certain TCPA consent requirements, it does not eliminate TCPA exposure. Companies must still demonstrate that the called party provided clear, direct and unequivocal consent. Where consent is obtained orally, it should be carefully documented and independently verifiable to withstand future scrutiny. “State telemarketing statutes may continue to require written consent,” Companies engaged in interstate telemarketing should therefore proceed with caution, as calls placed to or from jurisdictions outside the Fifth Circuit may remain subject to traditional written consent standards.

   In State telemarketing rules