The rules have changed for new or existing customer telemarketing phone calls or advertising SMS text messages, cellphone or residential landlines with the latest Telephone Consumer Protection Act regulation. This new ruling, effective Oct. 16, removes the “established business relationship” exception and replaces it with the obligation of the telemarketer to receive “prior express written consent” to make telemarketing calls or send marketing text messages using an auto dialer or robocall technology.
This is the third regulation, stemming from the FCC’s Feb. 15, 2012 ruling, which also brought further consumer protection with call abandonment calculations and automated opt-out requirements, effective in November 2012 and January 2013.
Does your business use an autodialer or pre-recorded voice calls to market and advertise to new or existing customers? Do you make telephone calls or send text messages that include advertisements? If so, have you received a traditional written signature “opting in” from customers you plan on marketing to? Or did you receive an electronic or digital form of signature via your website or SMS message reply? [Read more...]