FTC Implements Final Phase to Telemarketing Sales Rule Amendments Regarding Prerecorded Calls

The FTC has announced a ban on prerecorded telemarketing calls without the consumer's express written agreement to receive such calls.  The requirement affects prerecorded calls in two phases.  The first will require an opt-in mechanism to take effect on December 1, 2008, while the second will require prior express written agreement for calls after September 1, 2009. 
The amendments will not affect consumers' ability to continue to receive calls that deliver purely "informational" prerecorded messages.  Examples of informational messages include healthcare notifications, flight cancellations, political calls or reminders to a scheduled service appointment.  Such purely "informational" calls are not covered by the TSR because they do not attempt to sell the called party any goods or services.

The new legislation has been pending since 2004 in which the FTC, responding to a petition from the telemarketing industry, proposed a change in the TSR to allow calls that deliver prerecorded messages to consumers with whom a seller had an established business relationship.  In 2006, the Commission altered its position and instead proposed a broad prohibition on the use of prerecorded messages whenever the consumer called had not previously given express written permission to the seller to place such calls to his or her number.  The provision requiring that all prerecorded telemarketing calls provide an automated interactive opt-out mechanism became effective on December 1, 2008.  The final phase of the new rulings went into effect on Tuesday, September 1, 2009 and expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls.

The new FTC legislation however, contains specific exemptions that allow the use of automated call technologies for certain purposes such as non-profit organizations and healthcare related information sent from a physician or pharmacy to their patient. 
Any questions or concerns regarding the rulings or to discuss MarkeTouch Media’s outbound customer notification service, please contact Lyle M. Green, VP of Sales and Marketing 310/806-9385.


MarkeTouch Media currently delivers over 50 million notifications annually and have retained FTC/FCC/HIPAA specialist Latham & Watkins, LLP as counsel and adhere strictly to all communication and privacy regulations.

MarkeTouch Media
Revolutionizing the industry since 1992, MarkeTouch Media is recognized as an industry leader for advanced developments of Voice Messaging and Interactive Voice Response technologies.  We provide our clients with fully-integrated, flexible contact solutions to meet changing opportunities. With experience in a variety of industries, MarkeTouch Media is uniquely positioned to serve marketing needs of diverse companies within dozens of industries.