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October 16th, 2013
Reminder: New Written Consent Requirements for Telemarketing Calls Go into Effect on Oct 16, 2013
In February 2012, the FCC approved and published the amended Telephone Consumer Protection Act regulations, which provide additional protections for consumers concerning autodialed and prerecorded calls. The new rules, which go into effect as of October 16, 2013, impose strict new requirements for autodialed and prerecorded calls. These rules will likely require marketers to obtain new consents from their customers, even those who previously consented to receive marketing messages via phone. Specifically, companies using autodialers or prerecorded messages for a marketing call or text will now be required to obtain the prior express written consent of the called party.
A consumer's written consent must be signed (an electronic or digital form of signature is acceptable, to the extent this form of signature is recognized as a valid signature under applicable federal or state law) and be sufficient to show that the consumer: (1) received "clear and conspicuous disclosure" of the consequences of providing the requested consent, i.e., that the consumer will receive future calls/texts via an autodialer, or receive prerecorded messages by or on behalf of a specific seller; and (2) having received this information, agrees unambiguously to receive such calls at a telephone number the consumer designates. In addition, the written agreement must be obtained "without requiring, directly or indirectly, that the agreement be executed as a condition of purchasing any good or service."
For more information about the new Telephone Consumer Protection Act requirements, please contact Terri Seligman at 212.826.5580 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
End of an Era at NAD?
Last week Frankfurt Kurnit's Advertising Group proudly hosted "A Twenty-Year NAD Retrospective: The Levine Legacy," an ABA program honoring Andrea Levine, on the occasion of her retirement as Director of NAD. With NAD transitioning to new (as yet unnamed) leadership, we thought it would be a good time to review some of the best practices that guide NAD practitioners every day.
July 10 2017
FTC “Influencer” Letters Shed More Light on “Clear and Conspicuous”
The FTC staff recently sent out more than 90 letters reminding influencers and marketers that influencers should clearly and conspicuously disclose their relationship to brands when promoting or endorsing products through social media.
May 30 2017
It’s Blowing Up: Lessons from Two Recent Social Media Promotions
Last week, the apparel company Sunny Co Clothing launched an Instagram promotion promising to give away the red swimsuit below for free (except for shipping and handling costs) to each person who reposted the photo and tagged the company. Unfortunately, the company failed to cap the number of participants or make clear this was a "limited supply" offer, instead promising the free suit to "EVERYONE" who complied with the giveaway terms.
May 10 2017