PROHIBITION AGAINST PRERECORDED TELEMARKETING CALLS TAKES EFFECT SEPTEMBER 1, 2009
In August 2008, the Federal Trade Commission amended its Telemarketing Sales Rule (TSR) to, among other things, prohibit prerecorded telemarketing calls without a consumer’s express written agreement to receive such calls. The prohibition is scheduled to take effect today and the FTC has indicated that it will pursue persons who violate the prohibition with penalties of up to $16,000 per violation. Because the prohibition applies only to telemarketing calls from persons subject to the TSR, certain calls, such as informational and debt collection calls, will not be affected.
Other August 2008 amendments to the TSR have already taken affect. For example, persons subject to the TSR already must tell consumers how to opt-out of further calls at the start of a message and provide an automated interactive voice and/or keypress-activated opt-out mechanism for doing so. Persons must also provide a toll-free number that connects to an automated opt-out mechanism when leaving messages on answering machines.
Please contact us with any questions or for more information on the TSR amendments.
- Mike Tomkies and Chuck Gall