Federal Trade Commission Ban of Commercial 'Robocalls'
Begins Today
Telemarketers must obtain prior written approval from
consumers who want to receive such calls
Sept. 1, 2009 - It’s a great day for many older
Americans – beginning today those prerecorded telemarketing calls that
harass so many consumers will be prohibited, unless the telemarketer has
obtained permission in writing from consumers who want to receive such
calls, the Federal Trade Commission.
The rule amendments going into effect on September
1 do not prohibit calls that deliver purely “informational” recorded
messages – those that notify recipients, for example, that their flight
has been cancelled, an appliance they ordered will be delivered at a
certain time, or that their child’s school opening is delayed.
Such calls are not covered by the TSR, as long as
they do not attempt to interest consumers in the sale of any goods or
services. For the same reason, the rule amendments also do not apply to
calls concerning collection of debts where the calls do not seek to
promote the sale of any goods or services.
In addition, calls not covered by the TSR –
including those from politicians, banks, telephone carriers, and most
charitable organizations – are not covered by the new prohibition. The
new prohibition on prerecorded messages does not apply to certain
healthcare messages. The new rule prohibits telemarketing robocalls to
consumers whether or not they previously have done business with the
seller.
“American consumers have made it crystal clear
that few things annoy them more than the billions of commercial
telemarketing robocalls they receive every year,” said Jon Leibowitz,
Chairman of the FTC.
“Starting September 1, this bombardment of
prerecorded pitches, senseless solicitations, and malicious marketing
will be illegal. If consumers think they’re being harassed by
robocallers, they need to let us know, and we will go after them.”
The new requirement is part of amendments to the
agency’s Telemarketing Sales Rule (TSR) that were announced a year ago.
After September 1, sellers and telemarketers who transmit prerecorded
messages – commonly known as “robocalls” - to consumers who have not
agreed in writing to accept such messages will face penalties of up to
$16,000 per call.
Under a previous rule that took effect on December
1, 2008, telemarketing robocall messages by businesses covered by the
TSR must tell consumers how to opt-out of further calls at the start of
the message, and provide an automated opt-out mechanism that is voice or
keypress-activated. Prerecorded messages left on answering machines must
also provide a toll-free number that connects to the automated opt-out
mechanism.
After September 1, consumers who receive
prerecorded telemarketing calls but have not agreed to get them should
file a complaint with the Commission, either on the donotcall.gov Web
site or by calling 1-888-382-1222.
The Commission’s 2008 press release announcing the
changes to the TSR’s prerecorded telemarketing provisions and a link to
the related Federal Register notice can be found on the FTC’s Web site
at:http://www2.ftc.gov/opa/2008/08/tsr.shtm.
The Federal Trade Commission works for consumers to
prevent fraudulent, deceptive, and unfair business practices and to
provide information to help spot, stop, and avoid them. To file a
complaint in English or Spanish, visit the FTC’s online
Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).
The FTC enters complaints into Consumer Sentinel, a
secure, online database available to more than 1,500 civil and criminal
law enforcement agencies in the U.S. and abroad. The FTC’s Web site
provides free information on a variety of
consumer topics.
