In its petition, CAA asked the FCC to declare that, in the package delivery context, “prior express consent” can be provided by an intermediary or a third party-more specifically, that delivery companies can rely on a package sender’s representation that the package recipient consented to receiving autodialed or prerecorded delivery notification messages on his or her mobile phone. CAA, whose members include FedEx and UPS, filed a petition in August 2012 asking the FCC to clarify how this requirement applies to automated shipment notification messages sent to the mobile telephone numbers of package recipients.

The TCPA and associated FCC rules require parties to obtain “prior express consent” before transmitting autodialed or prerecorded informational calls or text messages to a wireless telephone number. A summary of each can be found after the jump. State Farm Bank that touched on a similar issue. Coincidentally, the Eleventh Circuit issued its own opinion last week in Osorio v. One of these rulings came in response to a Petition for Declaratory Ruling filed by the Cargo Airline Association (CAA), and the other came in response to a Petition for Declaratory Ruling filed by GroupMe, Inc./Skype Communications S.A.R.L. Last week, the FCC issued two TCPA rulings that shed further light on whether and under what circumstances an individual can provide “prior express consent”-or convey such consent-for another in the context of automated or prerecorded informational calls or text messages to mobile phones.

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