CGB Seeks Comment on Pet for Exp Dec Ruling by SCU, Inc
Federal Communications Commission
News Media Information 202 / 418-0500
445 12th St., S.W.
Washington, D.C. 20554
Released: August 1, 2014
CONSUMER AND GOVERNMENTAL AFFAIRS BUREAU SEEKS COMMENT ON PETITION
FOR EXPEDITED DECLARATORY RULING FILED BY SANTANDER CONSUMER USA,
CG Docket No. 02-278
Comment Date: September 2, 2014
Reply Comment Date: September 15, 2014
On July 10, 2014, Santander Consumer USA, Inc. (Santander) filed a petition for declaratory
ruling requesting that the Commission clarify certain aspects of the Telephone Consumer Protection Act
Specifically, Santander asks the Commission to “clarify and confirm that ‘prior express
consent’ to receive non-telemarketing calls and text messages to cellular telephones sent using an
automatic telephone dialing system (‘ATDS’) and/or an artificial or prerecorded voice message cannot be
If the Commission determines that the TCPA includes the right to revoke “prior express
consent” to receive such non-telemarketing communications, Santander then asks in the alternative that
the Commission clarify that the caller may require consumers to use one or more of the following
methods to effectively revoke “prior express consent”: (1) in writing at the mailing address designated by
the caller; (2) by email to the email address designated by the caller; (3) by text message sent to the
telephone number designated by the caller; (4) by facsimile to the telephone number designated by the
caller; and/or (5) as prescribed by the Commission hereafter as needed to address emerging technology.3
The TCPA and Commission rules prohibit autodialed or prerecorded non-emergency calls to
cellular telephone numbers without the prior express consent of the called party.4
Santander argues that
neither the TCPA nor the Commission’s prior rulings explicitly provide a right to revoke “prior express
consent” and that the lack of such an explicit statement means that consumers have no right to revoke
prior express consent to receive non-telemarketing calls.5
Santander asserts that the rising tide of TCPA
Petition for Expedited Declaratory Ruling, CG Docket No. 02-278, filed by Santander Consumer USA, Inc. on
July 10, 2014 (Petition). The TCPA is codified as 47 U.S.C. § 227.
2 Petition at 1.
3 Petition at 1, 9-14. Elsewhere in its petition, Santander states its request differently by asking the Commission to
establish a requirement that consumers use one or more of these methods to revoke prior express consent. Id. at 4.
4 47 U.S.C. § 227(b)(1)(A)(iii); 47 C.F.R. § 64.1200(a)(1)(iii).
5 See, e.g., Petition at 7-8.
litigation and inconsistent court decisions on this issue demonstrate the need for clarification.6
comment on these and any other issues raised in the Petition.
Pursuant to sections 1.415 and 1.419 of the Commission’s rules, 47 CFR §§ 1.415, 1.419,
interested parties may file comments and reply comments on or before the dates indicated on the first
page of this document. Comments may be filed using the Commission’s Electronic Comment Filing
System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically using the Internet by accessing
the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must file an original and one copy of
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the
Commission’s Secretary, Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings for the Commission’s Secretary
must be delivered to FCC Headquarters at 445 12th Street, SW, Room TW-A325,
Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th
Street, SW, Washington DC 20554.
People with Disabilities: To request materials in accessible formats for people with disabilities
(braille, large print, electronic files, audio format), send an e-mail to firstname.lastname@example.org or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
The proceeding this Notice initiates shall be treated as a “permit-but-disclose” proceeding in
accordance with the Commission’s ex parte rules.7
Persons making ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral presentation within two
business days after the presentation (unless a different deadline applicable to the Sunshine period applies).
Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation
must (1) list all persons attending or otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and arguments made during the
presentation. If the presentation consisted in whole or in part of the presentation of data or arguments
already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the
presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or
other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be
found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission
staff during ex parte meetings are deemed to be written ex parte presentations and must be filed
6 Id. at 4, 9-15.
7 47 C.F.R. §§ 1.1200 et seq.
consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte presentations and memoranda summarizing
oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment
filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt,
searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex
FOR FURTHER INFORMATION CONTACT: B. Lynn Follansbee, Consumer and Governmental
Affairs Bureau, Federal Communications Commission, (202) 418-1514; email@example.com.
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