New Rule Bans Telemarketers/Sellers from Pre-Recording Calls to Consumers

Today, the Federal Trade Commission (FTC) announced a new rule that prohibits telemarketers from making pre-recorded commercial calls to consumers. Effective September 1, 2009, pre-recorded calls, also known as "robo calls," are prohibited unless a telemarketer has written permission from consumers indicating they are willing to receive such calls. 
After September 1, sellers and telemarketers who violate therule will face penalties of up to $16,000 per call. Consumers may file complaints with the FTC, which are entered into a database accessible by more than 1,500 civil and criminal law enforcement agencies. 
There are some exemptions to the rule:

• Informational pre-recorded messages - For example, calls that notify consumers that their flight has been cancelled or delivery of purchased goods is delayed, as long as the calls do not attempt to sell good/services.
• Calls from politicians, banks, telephone carriers, and most charitable organizations
• Healthcare messages

The new rule is an amendment to the FTC's Telemarketing Sales Rule (TSR), in effect since December 2008. Businesses covered by the TSR must instruct consumers how to opt-out of future calls. You can read the full press release on the FTC's website.

Read more on this topic:

• Basic Small Business Guide to Telemarketing Laws
• Understanding Email Marketing Regulations of the CAN-SPAM Act
• Business Requirements: National Do-Not-Call List

Message Edited by JamieD on 09-01-2009 12:51 PM