A Final Stake Through the Heart for Telemarketers?

If You Hate Telemarketers as much as we do then you’re going to like this post (video version here). You see, a brand new law went into effect last October 16. The Federal Communications Commission now only allows telemarketers to call consumers if the consumer has actively agreed to be on the call list.

While The Telephone Consumer Protection Act of 1991 (TCPA) already bans certain autodialed, prerecorded or artificially voiced calls (47 U.S.C. §227), the new FCC rule require telemarketers to get unambiguous, written consent from consumers regardless of any prior business relationship.

An express warning is now required that provides consumers with notice that they will be receiving telemarketing calls. Furthermore, it must be clear that agreeing to telemarketing phone calls is not a condition of a purchase or sale. The new regulation applies to prerecorded or artificially voiced phone calls to residential and cell phones and includes autodialed calls to cell phones. It is also noted that the FCC believes that the TCPA covers text messages.

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