- June 21, 2012
- Posted by: Seth Heyman
- Category: Marketing & Advertising Law
In February, the FCC amended its telemarketing rules, by including a new requirement that telemarketers must receive express written consent to send certain autodialed or prerecorded message calls.
As set forth in a previous post, the changes to the FCC’s rules are intended to make them consistent with FTC rules governing the use of autodialed or prerecorded telemarketing calls. Like the new FCC rules, the FTC requires prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers and for prerecorded calls to residential lines, and thus eliminates the established business relationship exemption for such calls, and also require all prerecorded telemarketing calls to allow consumers to opt out of future prerecorded telemarketing calls using an interactive, automated opt-out mechanism. The new rules contain four different implementation periods varying from 30 days to twelve months, depending on the specific rule change.
However, some provisions of the new rules, including the express written consent and automated opt-out requirements, will not take effect until they are approved by the Office of Management and Budget (OMB).
Telemarketers should take this opportunity to carefully review their procedures carefully to ensure that they are in compliance with the new FCC rules.