The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such consent can later be revoked. However, it remains an open issue whether a consumer can waive his or her right to revoke consent, contractually or otherwise.

The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 et seq. (the “TCPA”), regulates telephone solicitations made using an automated telephone dialing system (also referred to as an “autodialer” or “ATDS”) and pre-recorded messages. In February 2012, the Federal Communications Commission (FCC) revised its rules and regulations implementing the TCPA to further “protect consumers from unwanted telemarketing calls” while at the same time acknowledging that wireless services offer access to information that consumers find highly desirable.