Consumers are being given a new opportunity to opt-out of some telemarketing calls, according to new Federal Trade Commission rules. As of December 1
st, any telemarketing call that delivers a prerecorded message must also include an easy way to opt-out of receiving future calls. This includes any calls that are answered in person or left on an answering machine or voicemail.
Before this new requirement took effect, prerecorded telemarketing messages were restricted, only allowed when the caller has an established business relationship with the consumer being called.
According to new Do Not Call amendments, “any permitted prerecorded message must provide the called consumer with an interactive means to opt out of receiving future calls from the seller or fundraiser using the prerecorded message. Moreover, the consumer must be able to opt out at any time while the message is playing by pressing a particular number or speaking a particular word. Once the consumer has opted out, his or her phone number must be automatically added to the in-house Do Not Call list of the calling seller or fundraiser. Then the call immediately must be disconnected so that the consumer’s line is cleared. If the prerecorded telemarketing message is left on an answering machine or voicemail service, it must include a toll-free opt-out number that, when called, also connects to an automated voice or key press opt-out mechanism. This will allow consumers to opt out at any hour of the day or night when they retrieve the message, without having to wait until the next business day to call.”
This new amendment applies to all recorded telemarketing calls subject to the Commission’s Telemarketing Sales Rule (TSR). Calls placed to consumers to solicit sales of goods or services and charitable donations are included.
Some calls delivering prerecorded message like political calls, legitimate market survey calls, and calls made in-house by banks or telephone companies are not covered by the new amendment because the Commission lacks the legal authority to regulate them.
Until September 1, 2009, consumers may continue to receive prerecorded messages from which they have an established relationship. After that date, sellers may use prerecorded messages only in calls to consumers who agreed to receive them.
