New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text messages that contain marketing content—should assess their practices to determine whether any changes are necessary before these provisions come into effect.

In February 2012, the FCC published a Report and Order issuing a revised rule on the delivery of autodialed and prerecorded telephone calls. The rule is intended to protect consumers from certain unwanted telemarketing calls and to maximize consistency with the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule (“TSR”).

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