The Federal Trade Commission issued two amendments to its Telemarketing Sales Rule (TSR). The first prohibits telemarketing calls that use prerecorded messages, unless a recipient has previously agreed to receive such calls from the marketer. The second amendment changes the method under which call abandonment rates are calculated.
Under the terms of the first amendment, telemarketers are only allowed to make prerecorded calls to consumers from whom they have received signed, written agreement to place such calls. Permission for these calls may be obtained by any method allowed by the Electronic Signatures In Global and National Commerce Act (E-Sign Act).
Telemarketers are allowed to continue making calls to consumers with whom they have an established business relationship for a year, after which time they will need to obtain express written permission.
Pre-recorded calls subject to the Health Insurance Portability and Accountability Act, as well as charitable solicitation calls placed by for-profit telemarketers on behalf of non-profits, are exempt from the amendment, but these calls must include
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