Monday, December 8, 2008

New Rules Requiring an Automated Voice or Keypress Opt-Out for Recorded Message Telemarketing Calls Take Effect Today
"Effective today, any telemarketing call that delivers a prerecorded message must include a quick and easy way to opt-out of receiving future calls. The opt-out must work both for consumers who answer these calls in person and for those whose answering machines or voicemail services receive the calls.

Prerecorded telemarketing messages are permitted only in limited circumstances – only when the caller has an established business relationship with the consumer being called. Now, additional restrictions on prerecorded messages are going into effect. Under Do Not Call amendments adopted in August, effective today, 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..."

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