Advertising Law -- March 1, 2012

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In This Issue:

  • FCC Issues New Regs on Robocalls
  • Lack of Magnetic Attraction Leads to False Ad Suit
  • SEC Cautions Advisers About Risks of Social Media
  • Google’s Privacy Changes Result in FTC Suit
  • FTC Takes on Makers of Kids’ Mobile Apps

Excerpt from FCC Issues New Regs on Robocalls

In an attempt to harmonize the requirements of the Federal Communications Commission with those of the Federal Trade Commission, the FCC recently issued a report and order addressing prerecorded telephone messages made by automated dialers, most commonly referred to as “robocalls.”

Under the new rules, telemarketers must obtain prior, written, express consent before placing a robocall to a consumer. Electronic means of consent – such as through a Web site form, text message, telephone keypress, or voice recording – are permitted provided that the mechanism complies with applicable state and federal law regarding electronic signatures. However, and most importantly, the FCC eliminated the exemption for an “established business relationship,” which permitted companies to place robocalls to consumers with whom they had previously done business.

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