Prior express consent definition

Prior express consent means an agreement provided by a called

Prior express consent means that before Defendant made a call to Plaintiff’s cellular telephone number, Plaintiff had given an invitation or permission to receive calls to that number.

Prior express consent for the Text-2-Community Service means consent that complies with applicable federal and state law for sending texts to a wireless number via an automatic telephone dialing system (including, without limitation, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200, including as interpreted by the FCC and courts of competent jurisdiction, and as may be amended from time to time), and must also meet the requirements set forth in the Customer Consent Addendum. Client shall not initiate and send a text through the Text-2-Community Service to any person that has not provided Prior Express Consent, and the initiation and sending of any such text without obtaining such Prior Express Consent is a breach of this Agreement. You may request IRIO’s prior approval of a different form of consent in lieu of the form of consent in the Customer Consent Addendum, which such approval may be provided or denied at IRIO’s sole discretion, and which will not eliminate Your obligation to ensure that the form of consent complies with applicable law.

Examples of Prior express consent in a sentence

• Prior express consent is not required for purely informational calls,i.e. non-telemarketing.

• Prior express consent is, of course, a defense to a claim under the TCPA.

• Prior express consent can be obtained in a variety of ways, including by implication when a person provides their phone number under circumstances indicating they intended to agree to be contacted using that number.

• Prior express consent is an affirmative defense, for which the defendant bears the burden of proof.

• Prior express consent is needed for marketing purposes and users have the right to opt out of the use of their personal information for this marketing purpose.

• Prior express consent by the consumer is required and can be made verbally or in writing.

• Prior express consent is an affirmative defense on which the defendant bears the burden of proof.

• Prior express consent is a “lower threshold[,]” see Rotberg, 345 F.Supp.3d at 477—a called party generally provides such consent simply by giving her phone number to a business in connection with a transaction.

• EXPLANATION--Matter initalics(underscored) is new; matter in brackets[ ] is old law to be omitted.LBD02262-04-9 1 prior express consent to receive such a call or message and has not2 revoked that consent.3 (c) "Prior express consent" means agreement provided by a called4 person to allow the caller to make a robocall to the called person's5 telephone, in relation to the specific subject matter for which the call6 is made.7 2.

More Definitions of Prior express consent

Prior express consent means the volun- tary provision of a telephone number where the consumer has not expressed a desire not to be called. (See In re Rules & Reg’s Implementing the Tel. Consumer Prot. Act of 1991 (1992) 7 F.C.C.R. 8752, 8769

Prior express consent means more than simply including boilerplate consent in the Cardholder Agreement. Consumer consent also may not be tied to the acceptance of a product. Partners must take meaningful action to demonstrate that the consumer has affirmatively consented. The burden is on the caller (Partner) to be able to prove that the necessary prior express consent was obtained.

Prior express consent means more than simply including boilerplate consent in the Cardholder Agreement. Partners must take meaningful action to demonstrate that the consumer has affirmatively consented. The burden is on the Partner to be able to prove the necessary prior express consent was obtained. For example, a Partner could provide an opt-in option on the Program website where customers could affirmatively elect to receive SMS text messaging.