Advisory on Potential Traps for the Unwary in New FCC Prerecorded Telemarketing Rules Updated with Announcement of Compliance Deadlines

more+
less-
more+
less-
Explore:  FCC Robocalling

[author: Ronald G. London]

Be sure to check out the update to our advisory that outlined the amended FCC automated/prerecorded telemarketing rules. The update flags the October 16, 2012 Federal Register notice announcing that the revisions were approved by the Office of Management and Budget, thus setting effective dates for the new rules as follows:

  • The requirement for prior written signed consent for prerecorded telemarketing (and elimination of established business relationships permitting some such calls), and for auto-dialed live-agent (and prerecorded) telemarketing calls to cell phones and telemarketing text-messages takes effect October 16, 2013.
  • The requirement that prerecorded telemarketing calls must enable automated opt-outs will take effect January 14, 2013.
  • The revisions to the FCC’s abandoned call rules take effect November 15, 2012.

As explained in our prior blog post highlighting the original advisory, the new FCC rules raise the bar for the type of consent needed for auto-dialed live-agent and other telemarketing to cell phones, and extend the automated opt-out mechanism required for prerecorded telemarketing to “abandoned” live-agent telemarketing calls. Details of the rule changes appear in the advisory update, following the discussion of the effective dates for the various new rules.

Written by:

Published In:

FCC

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×