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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 email@example.com, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
The Truth Will Set You Free: The FTC Provides New Guidance on Consumer Reviews
Late last year, Congress passed the Consumer Review Protection Act, a law designed to stop businesses from using contracts to prevent customers from posting honest reviews about the business.
March 8 2017
FTC Finds “All Natural” Claim Violated FTC Act
The FTC has issued a Final Order against California Naturel, Inc., a seller and marketer of personal care products, finding that the company's "all natural" claims were false and misleading in violation of the FTC Act.
December 15 2016
FTC Policy Statement Focuses on Homeopathic Health Claims
Last week, the Federal Trade Commission issued its new "Enforcement Policy Statement on Marketing Claims for Over-the-Counter (OTC) Homeopathic Drugs," as well as a staff report on a workshop that the Commission held last year on OTC homeopathic drug advertising.
November 28 2016