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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 tseligman@fkks.com, or any other member of the Frankfurt Kurnit Advertising Group.
Other Advertising Law Alerts
What the Advertising Industry Can Learn from Kim Kardashian’s Settlement with the SEC
On October 3, 2022, the Securities and Exchange Commission (SEC) announced that it entered into a $1.26 million settlement with Kim Kardashian over her social media promotion of the EMAX token without disclosing payment she received from token issuer, EthereumMax. The matter provides important lessons for advertisers. Read more.
October 10 2022
Get Ready for California’s New “Automatic Renewal” Rules
California recently amended its Automatic Purchase Renewals law. The amended statute - effective July 1st -- require marketers to provide consumers of automatic renewal or continuous service offers with more information and easier ways to terminate. Read more.
June 22 2018
“Made in the U.S.A.” Claims Continue to be Scrutinized
In 2016, California amended Section 17533.7 of the California Business and Professions Code ("Section 17533"), liberalizing the standard for selling products labeled "Made in U.S.A" to California consumers. Read more.
June 4 2018
