Comment by greyface-
3 years ago
Carriers can only use opt-out consent for a limited subset of the actions that they can use opt-in consent for. The actions that they say they plan to take do not fall under this subset. See § 64.2005.
3 years ago
Carriers can only use opt-out consent for a limited subset of the actions that they can use opt-in consent for. The actions that they say they plan to take do not fall under this subset. See § 64.2005.
What part of 64.2005 excludes the opt-out consent? I read the whole thing. Please quote exactly.
§ 64.2007 (b): Except for use and disclosure of CPNI that is permitted without customer approval under § 64.2005, or that is described in this paragraph, or as otherwise provided in section 222 of the Communications Act of 1934, as amended, a telecommunications carrier may only use, disclose, or permit access to its customer's individually identifiable CPNI subject to opt-in approval.
§ 64.2005 (a): Any telecommunications carrier may use, disclose, or permit access to CPNI for the purpose of providing or marketing service offerings among the categories of service (i.e., local, interexchange, and CMRS) to which the customer already subscribes from the same carrier, without customer approval.
Today's email: Fi may wish to provide you with additional information about products, services, and offers from our Alphabet affiliates, including Google LLC, that aren’t among the category of services you’re already purchasing from us
Google plans to advertise outside of the user's existing service category. § 64.2005 says that with opt-out consent, they can only do this within the existing service category. Since it doesn't fall under a § 64.2005 exemption, § 64.2007 (b) says that this requires opt-in approval.
You need to read further to § 64.2005(2) which covers other categories of services:
>(2) If a telecommunications carrier provides different categories of service, but a customer does not subscribe to more than one offering by the carrier, the carrier is not permitted to share CPNI with its affiliates, except as provided in § 64.2007(b).
And 64.2007(b) as we've already covered says that carriers can use opt-in or opt-out
Anyone with legal knowledge in this area care to chime in and break the impass?
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