FTC New RoboCalling Regulations

1. In this Report and Order (Order), we take steps to protect consumers from unwanted telemarketing calls pursuant to the Telephone Consumer Protection Act of 1991 (TCPA).1 The protections we adopt will protect consumers from unwanted autodialed or prerecorded telemarketing calls, also known as telemarketing robocalls, and maximize consistency with the Federal Trade Commissions (FTC) analogous Telemarketing Sales Rule (TSR), as contemplated by the Do-Not-Call Implementation Act (DNCIA)

2. Specifically, in this Order, we: (1) revise our rules to require prior express written consent for all autodialed or prerecorded telemarketing calls to wireless numbers3 and residential lines4 and accordingly eliminate the established business relationship exemption for such calls to residential lines while maintaining flexibility in the form of consent needed for purely informational calls; (2) adopt rules applicable to all prerecorded telemarketing calls5 that allow consumers to opt out of future robocalls during a robocall; and (3) revise our rules to limit permissible abandoned calls on a per-calling campaign basis, in order to discourage intrusive calling campaigns. Finally, we exempt from TCPA requirements prerecorded calls to residential lines made by health care-related entities governed by the Health Insurance Portability and Accountability Act of 1996. Taken together, todays actions offer consumers greater protection from intrusive telemarketing calls and harmonize our rules with those of the FTCs in a way that reduces industry confusion about telemarketers obligations and does not increase compliance
burdens for most telemarketers.

 

http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db0215/FCC-12-21A1.pdf

 

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