New Rules For Telemarketers

On Wednesday, October 16th, 2013 new rules went into effect for telemarketers. The FCC issued this document entitled, "FCC Strengthens Consumer Protections Against Telemarketing Robocalls".

I will copy/paste a bit of that document below. There are some really super cool protections for consumers. One requires telemarketers to now get your written permission before calling. A voice agreement won't do. It must be in writing.

It also requires an opt out at the beginning of the message.

The other big thing about this new regulation is the removal of the exemption that allowed robocallers to call if you had prior dealings with them. Things like your credit card or bank trying to sell you extra products. Nonprofits, schools and political campaigns however still remain exempt.

This new FCC regulation applies to not only land lines but texts to cellphones as well.

Here's a couple of copy/pastes from that link above...PART 64 – Subpart L – Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising

(3) Initiate any telephone call to any residential line using an artificial or prerecorded voice to deliver a message without the prior express written consent of the called party, unless the call;
(i) Is made for emergency purposes;
(ii) Is not made for a commercial purpose;
(iii) Is made for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing;
(iv) Is made by or on behalf of a tax-exempt nonprofit organization; or
(v) Delivers a “health care” message made by, or on behalf of, a “covered entity” or its “business associate,” as those terms are defined in the HIPAA Privacy Rule, 45 C.F.R. § 160.103

(A) A prerecorded identification and opt-out message that is limited to disclosing that the call was for “telemarketing purposes” and states the name of the business, entity, or individual on whose behalf the call was placed, and a telephone number for such business, entity, or individual that permits the called person to make a do-not-call request during regular business hours for the duration of the telemarketing campaign; provided, that, such telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges, and
(B) An automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request prior to terminating the call, including brief explanatory instructions on how to use such mechanism. When the called person elects to opt-out using such mechanism, the mechanism must automatically record the called person’s number to the seller’s do-not-call list and immediately terminate the call.
Finally these calls will stop.. right?Whoa there sparky, not so fast. Call it coincidence. Call it laughter from the Gods. Call it what you will. As I was putting this post together I got an automated call. Imagine that. I'll tell you I was shocked! So I asked myself whether these birds didn't get the message or have they already found a way around to skirt this new regulation?

It's the latter. This automated telemarketer's call started off saying, "This is your last reminder that you may be missing out on big savings on your credit card... call us..." It's like I've always said, there wasn't a contract ever written or a law ever made someone couldn't figure out a way to get around. So you see they're not selling me anything. It's just a friendly warning about what I could be missing out on if I don't act now. Who could be angry with someone being worried about my financial well being?

Oh the compassion. The caring. The warmth of that automated voice emanating from my receiver to my ears from deep in the bowels of somewhere in the nether world. It has left me oozing with appreciation.

Here's a question. Who can I call about this? The FCC didn't give us a way to complain. There's no point in making a law or regulation if there are no provisions made for enforcing it. Well so much for that...

Sorry to waste your time...




This would have been more useful, I suppose...