FTC Issues Final Telemarketing Sales Rule Amendments Regarding Prerecorded Calls
From August 2008
The Federal Trade Commission today announced two amendments to the Telemarketing Sales Rule (TSR). One will expressly bar telemarketing calls that deliver prerecorded messages, unless a consumer previously has agreed to accept such calls from the seller. The other related technical amendment modifies the TSR’s method of calculating the maximum permissible level of “call abandonment.”
The amendments will not affect consumers’ ability to continue to receive calls that deliver purely “informational” prerecorded messages - notifying recipients, for example, that their flight has been cancelled, that they have a service appointment, or similar messages. Such purely “informational” calls are not covered by the TSR because they do not attempt to sell the called party any goods or services.
Effective Dates
The provision requiring that all prerecorded telemarketing calls provide an automated interactive opt-out mechanism will become effective on December 1, 2008. The provision requiring permission from consumers to receive such calls will become effective September 1, 2009. The amendment modifying the method for measuring the maximum allowable rate of call abandonment will become effective on October 1, 2008.
See full article http://www.ftc.gov/opa/2008/08/tsr.shtm