The Commission announced today that it is soliciting comments on a petition for rulemaking and declaratory ruling filed by Craig Moskowitz and Craig Cunningham. The Petitioners request that the Commission initiate a rulemaking “to overturn the Commission’s improper interpretation that ‘prior express consent’ includes implied consent resulting from a party’s providing a telephone number to the caller.”

Moreover, the Petitioners ask the Commission to find that express consent must specifically address autodialed and/or artificial voice/prerecorded telephone calls, address a specific number, and that such consent must be in writing.

Comments are due on or before March 10, 2017. Dorsey strongly encourages industry participants to submit comments explaining how the proposed rule would impact their business operations.