A 2014 New Year’s Tip: Review Your Telemarketing Strategies To Ensure Compliance With New FCC Rules Effective Late Last Year
January 29, 2014
Now is a good time to review your telemarketing strategies to ensure that they are compliant with the current Federal Communications Commission (“FCC”) requirements. Violations of the requirements can lead to significant fines, including $500 for each negligent violation and up to $1,500 for each willful or knowing violation. Effective October 2013, stricter telemarketing rules were implemented by the FCC as codified in 47 C.F.R. § 64.1200. Most significantly, the established business relationship exemption for telemarketing robocalls to residential lines has been eliminated. Also, express written consent is required for any telemarketing call to a mobile phone using an automatic dialer. Predictive dialers that have the capacity to dial without human intervention have been included within the meaning of “automatic dialer.” Additionally, the new regulations address automated opt-out requirements and abandoned call rate calculations.
This Eckert Seamans Telecommunications Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions about the FCC’s new telemarketing rules, please contact Deanne O’Dell at 717.255.3744.