09/11/2009
As of 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.
The rule amendments went into effect
on September 1 do not prohibit calls that deliver purely "informational"
recorded messages - those that notify recipients, for example, that their
flight has been cancelled, an appliance they ordered will be delivered at a
certain time, or that their child's school opening is delayed. Such calls are
not covered by the TSR, as long as they do not attempt to interest consumers in
the sale of any goods or services. For the same reason, the rule amendments
also do not apply to calls concerning collection of debts where the calls do
not seek to promote the sale of any goods or services.
In addition, calls not covered by the
TSR - including those from politicians, banks, telephone carriers, and most
charitable organizations - are not covered by the new prohibition. The new
prohibition on prerecorded messages does not apply to certain healthcare
messages. The new rule prohibits telemarketing robocalls to consumers whether
or not they previously have done business with the seller.
Under a previous rule that took
effect on December 1, 2008, telemarketing robocall messages by businesses
covered by the TSR must tell consumers how to opt-out of further calls at the
start of the message, and provide an automated opt-out mechanism that is voice
or keypress-activated. Prerecorded messages left on answering machines must
also provide a toll-free number that connects to the automated opt-out
mechanism.
After September 1, consumers who
receive prerecorded telemarketing calls but have not agreed to get them should
file a complaint with the Commission, either on the donotcall.gov Web site or
by calling 1-888-382-1222.
The Commission's 2008 press release
announcing the changes to the TSR’s prerecorded telemarketing provisions and a
link to the related Federal Register notice can be found on the FTC's Web site
at: http://www2.ftc.gov/opa/2008/08/tsr.shtm.
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