"Unsolicited" communication via phone numbers generally refers to any call or message sent to an individual without their prior consent or an established legitimate basis for contact. The precise definition can vary slightly by jurisdiction and the type of communication, but the core idea is that the recipient has not actively requested or explicitly agreed to receive that specific communication.
Here are the key elements that constitute "unsolicited" communication:
1. Lack of Prior Consent
This is the most fundamental aspect. If an individual japan number database has not given clear, affirmative consent to receive calls or messages from a particular entity for a specific purpose, then any communication from that entity is generally considered unsolicited.
No Opt-in: The individual has not actively signed up for a mailing list, checked a box indicating they want to receive promotional calls, or provided their number for marketing purposes.
Implied Consent Not Sufficient (for marketing): While some transactional communications might operate on implied consent (e.g., providing a phone number for a delivery update), marketing or promotional messages almost universally require explicit consent, often "prior express written consent" as per stricter regulations like the TCPA in the US.
Opt-out Not Actioned: Even if a company initially had consent, if the individual later opted out (e.g., by replying "STOP" to a text or requesting removal from a call list), any subsequent communication is unsolicited and often illegal.
2. No Established Business Relationship (EBR) Exemption
Some regulations, like the TCPA in the US, have limited exemptions for an "Established Business Relationship." This typically means:
Recent Transaction: The individual has made a purchase, inquiry, or transaction with the business within a specified recent timeframe (e.g., 18 months for purchase, 3 months for inquiry under TCPA).
Direct Relation: The communication must be directly related to that established relationship (e.g., a follow-up about a past purchase, not a new product promotion unless consent for marketing was also obtained).
Still Subject to DNC: Even with an EBR, individuals can still request to be placed on a company's internal "Do Not Call" list, overriding the EBR.
Without such an established relationship, any call or message is more likely to be deemed unsolicited.
What constitutes "unsolicited" communication via phone numbers?
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