New Telemarketing Rules to Take Effect July 11th

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.

Author: Seth Heyman
Seth D. Heyman is a California attorney with extensive experience in advertising and marketing law, corporate law, contracts, governmental regulations, international business, and Internet law. He has counseled numerous successful companies, both public and private, and was responsible for regulatory compliance, contract management, corporate governance, and HR best practices for multiple organizations in many diverse industries, including marketing, telecommunications, energy, and technology development. He offers insight and guidance on federal and state direct mail, TV, radio, telemarketing, and Internet marketing laws, as well as online promotions, Internet privacy, data protection regulations, and similar matters.

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