Telemarketing Regulation: National and State Do Not Call Registries

"The development and implementation of the national do not call list was not straightforward. No

single law creates the list. Instead, it developed from a combination of statutes and regulations over time, as Congress and the federal agencies tasked with the responsibility of regulating telemarketing developed strategies to better alleviate perceived consumer harm. This report will outline the laws underpinning the national do not call list; describe the regulations implementing

the list; answer some of the most frequently asked questions related to the list; and discuss the possible penalties for violating the rules.."

Telemarketing

A Business Guide to the FTC's Mail or Telephone Order Merchandise Rule

"What Does the Rule Cover?

It applies to most goods a customer orders from the seller by mail, telephone, fax, or on the Internet.

It does not matter how the merchandise is advertised, how the customer pays, or who initiates the contact.

What is the Mail or Telephone Order Rule?

The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule.".."

New Rule Prohibiting Unwanted "Robocalls" to Take Effect on September 1
"Beginning September 1, 2009, prerecorded commercial telemarketing calls to consumers – commonly known as robocalls – will be prohibited, unless the telemarketer has obtained permission in writing from consumers who want to receive such calls, the Federal Trade Commission announced today.

“American consumers have made it crystal clear that few things annoy them more than the billions of commercial telemarketing robocalls they receive every year,” said Jon Leibowitz, Chairman of the FTC. “Starting September 1, this bombardment of prerecorded pitches, senseless solicitations, and malicious marketing will be illegal. If consumers think they’re being harassed by robocallers, they need to let us know, and we will go after them.”

The new requirement is part of amendments to the agency’s Telemarketing Sales Rule (TSR) that were announced a year ago. After September 1, sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call..."

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..."

FTC Issues Final Telemarketing Sales Rule Amendments Regarding Prerecorded Calls
"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."