RILA Comments on Informational Injury Workshop P175413

The Retail Industry Leaders Association (“RILA”) filed extensive comments opposing the relief sought in the Petition for Rulemaking and Declaratory Ruling filed by Petitioners Craig Moskowitz and Craig Cunningham (“Petitioners”).1 Although 38 comments were filed, all but 3 comments opposed the Petition. That is, 35 of the submitted comments endorsed the common sense approach that the Federal Communications Commission (“Commission”) consistently has taken on what constitutes “prior express consent” to receiving automated and/or prerecorded informational calls. The three outliers merely agree with Petitioners, but do not present a legitimate basis for the relief requested. Thus, there is no groundswell of support for the contention that the Commission misread the Telephone Consumer Protection Act (“TCPA”). Instead, there is wide consensus that there is no reason to revisit the Commission’s clear, common sense, and well-supported interpretation of “prior express consent.”