• Require marketers to obtain prior written express consent from an individual for that marketer before any robocalls or text messaging can be made; this includes using an electronic form for the signature to the extent such a signature is valid under law such as set forth in the E-SIGN Act or state contract law. The rules for obtaining prior express written consent mirror those required by the FTC for prerecorded sales messages.
  • When obtaining prior written express consent the marketer must disclose to the individual that giving permission will allow the marketer to make autodialed robocalls and/or text messages and that providing consent is not a condition of any purchase. Both disclosures should be clearly displayed at the time when the marketer is seeking written consent.
  • Since most marketers who have already obtained written consent have not displayed the two disclosures in a. above, such prior written consent does not satisfy the new rule. [Note: DMA is petitioning the FCC to accept the pre October 16, 2013 prior written consent without the disclosures.]

See: http://www.business.ftc.gov/documents/bus27-complying-telemarketing-sales-rule

  • The rule eliminates the former “established business relationship” exemption. The exemption was allowed in the prior rule for robocalls to residential lines, but this exemption is now eliminated.
  • Requires telemarketers to provide an automated interactive opt-out mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling.
  • Strictly limits the number of abandoned or “dead air” calls that telemarketers make within each calling campaign. The permissible 3% call abandonment rate should be calculated for each calling campaign so that telemarketers cannot shift more abandoned calls to certain other campaigns.
  • Other kinds of calls not impacted are as follows: Prerecorded informational calls, such as those relating to school closings and flight changes can continue to be available to consumers who wish to receive them. Further, prerecorded calls from entities regulated by the Health Insurance Portability and Accountability Act of 1996 to residences are exempt. Such non-commercial calls are also allowed by tax-exempt nonprofit organizations and political organizations.