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Hold The Phones; New telemarketing rules are going into effect on Dec. 1 and failure to comply could cost you some cash. Be prepared to document consumers opting-in to accept calls.

Publication: Broker Magazine
Publication Date: 01-NOV-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Byline: Brad Finkelstein

The Federal Trade Commission has just made it even tougher for those who use prerecorded telemarketing calls, putting the onus on the marketer by requiring them to get the consumer's permission to make contact.

According to the FTC, it has amended the Telemarketing Sales Rule to "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; and permit sellers to obtain the required permission for prerecorded message sales calls from a consumer in any manner permitted by the Electronic Signatures In Global and National Commerce Act."

Furthermore, telemarketers must provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism. This part of the rule goes into effect Dec 1, 2008. The...



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