On September 1, 2009, the FTC’s amended restrictions on prerecorded calls, as implemented through the Telemarketing Sales Rule, go into effect. On that date, prerecorded marketing calls will only be permitted if the recipient has provided the caller express written consent authorizing the call. This article will briefly examine the new restrictions, exceptions to the rule, and the affect of the new regime on state law.
Several different kinds of representations trigger state telemarketing registration requirements, for inbound campaigns. As is the case in all aspects of telemarketing law, awareness of registration requirements is key in staying compliant prior to beginning the campaign and avoiding legal action which can result in fines and penalties for failure to register.
The Ninth Circuit Court of Appeals in California has recently ruled that a consumer could bring a cause of action against a sender of a text message under the Telephone Consumer Protection Act (TCPA). Satterfield v. Simon & Schuster (9th Cir. June 19, 2009).
For over 30 years, there are very few court cases where states have enforced the laws and obtained a court order requiring compliance with a registration law because legitimate clients and their agents have an economic interest in ensuring compliance.
In the constant and ever challenging pursuit of fundraising, it is important not to forget about compliance issues. The repercussions of not complying with the state registration requirements are grave.
Oversight Hearing on Use of “Robocalls” in Federal Campaigns Testimony of William E. Raney, Counsel to American Association of Political Consultants
With the political season in full swing, national and state candidates are implementing prerecorded political calling campaigns and consumer reaction is sure to follow.
The issue is whether the FCC will explicitly tell states that their rules do not apply to interstate calls. States can enforce both the FCC and FTC rules…Industry would argue that it is better for consumers, businesses, and regulators to have a uniform scheme.
The FCC has implemented a strict rule requiring that predictive dialer campaigns to those numbers only be placed with the express consent of the subscriber. Even so, telemarketing calls to cell phones are not illegal under federal law provided the call complies with other applicable laws.
Responding to the wave of cost-cutting American companies and state and local governments choosing to outsource call center services and thus, jobs, to companies in foreign countries, federal and state lawmakers have proposed legislation to stem the tide.