Prerecorded commercial telemarketing calls to consumers are now prohibited by the Federal Trade Commission, unless the marketer has obtained written permission from targets wishing to receive such calls.
Calls not covered by the Telemarketing Sales Rule (TSR), including those politicians, banks, telephone carriers, and most charitable organizations – are not covered by the new prohibition.
Additionally, the new ban on prerecorded messages does not apply to certain healthcare messages.
But the FTC’s newly amended TSR does not offer an established business relationship exemption. The new rule prohibits pre-recorded commercial calls to consumers whether or not they previously have done business with the seller.
The new requirement is part of amendments to the TSR which were announced a year ago. Under the revised rules, sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call.
The changes do not prohibit calls that deliver purely “informational” recorded messages – those that notify recipients, for example, that their flight has been cancelled, an appliance they ordered will be delivered at a certain time, or that their child’s school opening is delayed. These calls are not covered by the TSR, provided they do not attempt to interest consumers in the sale of any goods or services.
For the same reason, the rule amendments also do not apply to calls concerning collection of debts where the calls do not seek to promote the sale of any goods or services.
Under a previous rule that took effect on December 1, 2008, telemarketing robocall messages by businesses covered by the TSR must tell consumers how to opt-out of further calls at the start of the message, and provide an automated opt-out mechanism that is voice or keypress-activated. Prerecorded messages left on answering machines must also provide a toll-free number that connects to the automated opt-out mechanism.
