While I'm certainly far from being a contract lawyer, it looks to me like the FCC is interested in receiving evidence of consent for the offending calls, if it exists:
>The Traceback Consortium
conducted tracebacks and determined that Twilio was originating apparently unlawful robocalls on behalf of MV Realty through its dialing provider PhoneBurner. The Traceback Consortium notified Twilio of these calls and provided access to supporting data identifying each call, as indicated in Attachment A. Twilio told the Traceback Consortium that PhoneBurner had obtained called parties’ consent for the robocalls. Neither Twilio nor PhoneBurner provided the Traceback Consortium with evidence of consent.
And:
>If Twilio has evidence that the transmissions identified in
Attachment A were legal calls, present that evidence to the Commission and the Traceback Consortium.
In any event, if consent to place calls is required, then there has to be some mechanism for call origination services (here, Twilio) to demonstrate receipt of that consent. My question is, what exactly does the FCC require as proof of consent?
The consent requirement, under FCC rules adopted in 2012, is “prior advance written consent” of the called consumer, and to include a functioning opt out mechanism as part of the message. [0] So, I would assume the preferred evidence would start with a copy of the written consent.
While I'm certainly far from being a contract lawyer, it looks to me like the FCC is interested in receiving evidence of consent for the offending calls, if it exists:
>The Traceback Consortium conducted tracebacks and determined that Twilio was originating apparently unlawful robocalls on behalf of MV Realty through its dialing provider PhoneBurner. The Traceback Consortium notified Twilio of these calls and provided access to supporting data identifying each call, as indicated in Attachment A. Twilio told the Traceback Consortium that PhoneBurner had obtained called parties’ consent for the robocalls. Neither Twilio nor PhoneBurner provided the Traceback Consortium with evidence of consent.
And:
>If Twilio has evidence that the transmissions identified in Attachment A were legal calls, present that evidence to the Commission and the Traceback Consortium.
In any event, if consent to place calls is required, then there has to be some mechanism for call origination services (here, Twilio) to demonstrate receipt of that consent. My question is, what exactly does the FCC require as proof of consent?