New Telemarketing Rules Take Effect
New federal rules requiring an automated voice or so-called key-press opt-out for recorded message telemarketing calls took effect Monday. Under the change, 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 the calls in person and for those whose answering machines or voicemail services receive the calls. The amendment to the National Do-Not-Call Registry was adopted by the FTC in August.
A 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, the FTC said in a press release. 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. If the message is left on an answering service, it must include a toll-free opt-out number that consumers can call at any hour of the day or night when they retrieve the message.
Calls to solicit sales of goods or services and calls placed by telemarketers to solicit charitable donations are covered by the change but political calls, bona fide market survey calls, and calls made in-house by banks or telephone companies are not because the Commission lacks the legal authority to regulate them. In addition, prerecorded healthcare messages covered by the Health Insurance Portability and Accountability Act are exempt from the new requirement.
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