The E-SIGN law states that due to the nature of our digital environments, it is not necessary to actually put the pen on paper to give “written consent”. Today, the transmission of a website form or text message is considered written consent, which saves all parties involved time and effort. So what exactly do you and your business need to do to get this type of consent from your customers? Simple explicit consent can be written or oral. The voluntary provision of one`s own mobile phone number also constitutes prior explicit consent where the person gives “prior explicit consent” to be called or texted to the number indicated, (2) has communicated his or her number to the party calling or sending an SMS, and (3) there is a link between the communication and the reason: of which a person has given his number. “For non-telemarketing and non-promotional calls, explicit consent may be established by giving the entered party explicit oral or written consent in advance or, in the absence of instructions to the contrary, by giving his or her radio number to the person making the automatic or recorded call.” In re Rules &Regulations Implementing the TCP Act of 1991 et al., 30 FCC Rcd at 7991-92. Le Middle District of Florida in Medley v. Dish Network, LLC, case no. 8:16-cv-2534-T-36TBM, 2018 WL 4092120, at *10 (M.D. Fla. Aug. 27, 2018) stated that contractual consent could not be revoked unilaterally.
The court found that there is no provision in the TCPA that indicates that contractual consent can be revoked unilaterally if it was contrary to the Black Letter Act. .