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FCC Issues Order Clarifying Telemarketing Rules
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In-House Do Not Call Lists Under the TCPA, companies must maintain an in-house do not call list and must honor a request to be added to such list within 30 days of the request. In addition, companies must honor a do not call request for 5 years from the date of the request. The FCC clarified that this 5 year rule applies to all requests, whether made before the amendment took effect or after. This means that companies may delete telephone numbers on their in-house do not call list that are more than five years old. “If a telemarketer calls a business number that has been inadvertently registered on the national Do Not Call list, such a call will not be considered a violation of the telemarketing rules.” Established Business Relationship The TCPA provides an exemption from the restrictions on telephone solicitations for calls made to someone with whom the caller has an established business relationship. An established business relationship (EBR) lasts for 18 months after a purchase or transaction, or 3 months after an inquiry or application.
In-House Do Not Call Lists Under the TCPA, companies must maintain an in-house do not call list and must honor a request to be added to such list within 30 days of the request. In addition, companies must honor a do not call request for 5 years from the date of the request. The FCC clarified that this 5 year rule applies to all requests, whether made before the amendment took effect or after. This means that companies may delete telephone numbers on their in-house do not call list that are more than five years old. “The FCC said it would not exempt calls made to home-based businesses that are registered on the national Do Not Call list; instead, the FCC will review calls to home-based businesses that are brought to its attention to determine whether the call was made to a residential phone number.” Established Business Relationship The TCPA provides an exemption from the restrictions on telephone solicitations for calls made to someone with whom the caller has an established business relationship. An established business relationship (EBR) lasts for 18 months after a purchase or transaction, or 3 months after an inquiry or application.
In-House Do Not Call Lists Under the TCPA, companies must maintain an in-house do not call list and must honor a request to be added to such list within 30 days of the request. In addition, companies must honor a do not call request for 5 years from the date of the request. The FCC clarified that this 5 year rule applies to all requests, whether made before the amendment took effect or after. This means that companies may delete telephone numbers on their in-house do not call list that are more than five years old. “This means that telemarketers that call a number registered on the national Do Not Call list because they believe it is a home-based business may be found to have violated the telemarketing rules.” Established Business Relationship The TCPA provides an exemption from the restrictions on telephone solicitations for calls made to someone with whom the caller has an established business relationship. An established business relationship (EBR) lasts for 18 months after a purchase or transaction, or 3 months after an inquiry or application.
Prerecorded calls sent by a radio or television station that tell someone to tune in to a particular program are allowed, unless the message encourages someone to listen to or watch programming for which consumers must pay (such as cable TV or satellite radio). The FCC reiterated that such messages would encourage consumers to pay to subscribe to the service and would be considered unsolicited advertisements under the TCPA. “A telemarketing call that leaves a prerecorded message with more information – such as “Hi, this is Company A, calling today to sell you our services” – might be construed as an unsolicited advertisement and would violate the rules.” Wireless Telephone Numbers The TCPA prohibits making a call using an automatic telephone dialing system or an artificial or prerecorded message to any wireless telephone number. The FCC clarified that this prohibition applies to numbers ported from a landline service to a wireless service. However, this prohibition does not apply to calls made to a landline telephone number that is forwarded, at the customer’s request, to a wireless number.