Telemarketing Sales Rule (TSR) Amendments
On August 19, 2008 The FTC
announced two amendments to the Telemarketing Sales Rule (TSR).
1.
One
expressly bars telemarketing calls that deliver prerecorded messages,
unless a consumer previously has agreed to accept such calls from the seller.
2.
The other related technical
amendment modifies the TSR's method of calculating the maximum permissible
level of "call abandonment."
The New TSR Amendments
Specifically, the TSR
amendments adopted by the Commission:
·
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;
·
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 (E-SIGN Act);
·
Exempt healthcare-related prerecorded message
calls that are subject to the Health Insurance Portability and
Accountability Act (HIPAA) from the prohibition on telemarketing calls that
deliver prerecorded messages;
·
Exempt from the written agreement
requirement all charitable solicitation calls placed by for-profit
telemarketers (telefunders) that deliver prerecorded messages on behalf
of non-profits to members of, or previous donors to, the nonprofit, but
require that such calls include a prompt keypress or voice-activated opt-out
mechanism;
·
Require that, by December 1, 2008, sellers and telemarketers provide, at
the outset of all prerecorded messages, an automated keypress or
voice-activated interactive opt-out mechanism so that consumers can opt out
as easily as they can from a live telemarketing call;
·
End the FTC's current policy of forbearing from bringing enforcement actions
against sellers and telemarketers who place prerecorded calls that meet
certain specified conditions that would be inconsistent with the new
requirements; but
·
Permit sellers, as under the forbearance policy, to continue for one year
after the rule's publication to place calls delivering prerecorded messages
to consumers with whom they have an established business relationship, after
which no prerecorded message calls can be made to consumers without their
express permission.
Learn more about how the amendment affects:
If you would like some assistance in understanding and implementing the changes required by the Telemarketing Sales Rule please contact Primas Today at 888-477-4627
To find out more, contact us today!