- Beginning September 1, 2009, all prerecorded telemarketing calls (i.e., those that induce the purchase of any good or service) may only be initiated if the seller has obtained from the recipient of the call an express agreement, in writing, that:<LI style="LIST-STYLE-TYPE: none">
- the seller obtained after a clear and conspicuous disclosure that the purpose of the agreement is to authorize the seller to place prerecorded calls to the person;
- the seller obtained without requiring that the agreement be executed as a condition of purchasing any good or service;
- evidences the person's willingness to receive calls that deliver prerecorded messages by or on behalf of a specific seller; and
- includes such person's telephone number and signature.
- Point-of-sale (POS) agreements can be obtained on POS devices or on paper, so long as consumers have a clear choice to receive, or not receive, prerecorded message calls, e.g., "I would like to receive telephone calls with prerecorded messages from ABC Co. that provide special sales offers such as _____ at this telephone number: _____."
- The FTC did not mandate specific language, however, preferring to allow industry some flexibility rather than to prescribe language.
- Disclosures hidden in lengthy end user agreements or on the back of printed forms "will not pass muster" under the FTC's revised rules, nor will a consumer's oral response to an in-store request from a sales clerk seeking the consumer's agreement to receive prerecorded message calls.
- Beginning December 1, 2008, any permitted call delivering a prerecorded message must:
- allow the consumer's telephone to ring for at least 15 seconds or four rings before an unanswered call is disconnected;
- begin the prerecorded message within two seconds of the completed greeting;
- disclose promptly at the outset of the call the means by which the person may assert a company-specific Do Not Call request at any time during the message;
- if the call might be answered in person, promptly make an automated interactive voice- and/or keypress-activated opt-out mechanism available at all times during the message that automatically adds the telephone number called to the seller's entity-specific Do Not Call list and that thereafter terminates the call;
- if the call might be answered by an answering machine or voicemail, promptly provide a toll-free telephone number that allows the person called to connect directly to an automated voice- and/or keypress-activated opt-out mechanism that is accessible at any time after receipt of the message; and
- comply with all other requirements of the FTC's rules and applicable state and federal laws (e.g., time of day restrictions).
Let me know what you think
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