FCC Allows Opt-Out for Telecom Customer Data

Telecommunications companies will no longer have to get customers’ express permission before sharing customer data.

In rules issued on Tuesday, the Federal Communications Commission said telecom companies can share the data with “affiliated” marketers by providing customers notice and using an opt-out approach. Affiliated marketers are other communications companies.

For unaffiliated marketers to use the data, the customer would have give their “express permission” and opt in.

For example, “Verizon would be able share their customer data with their wireless unit of a company that sells a paging service,” said Michael Balmoris, spokesman with the FCC. “But if the marketer does something that is not communications-related–then it’s opt in.”

Data that can be shared includes information concerning customers’ telephone usage, such as what services they subscribe to and to whom, when and where they call.

The FCC rules are consistent with a United States Court of Appeals decision for the Tenth Circuit in 1999, which said the opt-in approach for this type of data is not necessary. The rules become final when they are published in the Federal Register in the next few weeks.

Under the opt-in provision, customers can give their permission via written, oral or electronic communications, according to Balmoris.