FCC Rule Requiring Prior Express Written Consent For Telemarketers Goes Into Effect Today

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The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The rule eliminates the “established business relationship” exemption for such calls to residential lines and requires that telemarketers now obtain a written agreement containing the signature of the called party, including a clear and conspicuous disclosure that:

1. The person allows the seller to make telemarketing calls using an automatic telephone dialing system or an artificial/prerecorded voice;

2. Those calls may be made to the telephone number designated by the person agreeing to the calls; and

3. The person is not required to sign the agreement or to agree to enter into the agreement as a condition of purchasing any property, goods, or services.

Consent obtained pursuant to the E-SIGN Act will satisfy the requirements of the rule.

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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.

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