In response to the high volume of complaints over unwanted robocalls, the Federal Communications Commission (“FCC”) on February 15, 2011 issued changes to its rules for autodialed or prerecorded telemarketing calls made to wireline and wireless phones.
Under the new rules, consumers must give their express written consent before receiving a robocall. The “established business relationship” exemption to the new consent requirement was further eliminated. Telemarketers will also have to provide an automated interactive opt-out mechanism during robocalls so that consumers can immediately tell telemarketers to stop calling. Finally, a limitation was adopted on the number of abandoned or “dead air” calls telemarketers can make during a calling campaign.
A copy of the FCC’s Report and Order is linked here.