The Federal Trade Commission has imposed a new rule, as of September 1, barring pre-recorded commercial telemarketing calls to consumers, unless the consumer has agreed in writing to take calls of this nature.
These types of phone calls, or “robocalls”, contain solicitations, sales pitches, and malicious marketing, often to consumers who are not patrons of the business. Telemarketers who violate the new rule could face penalties of up to $16,000 per call.
“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.”
Not all calls fall under the new rule. Calls that deliver “informational” 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 will not be subject to penalties as long as they do not solicit the sale of goods or services. Calls from politicians, debt collections, telephone carriers, most charitable organizations and healthcare messages are not under the new rule’s restrictions.
A previous ruling on December 1, 2008, required that robocalls must tell consumers how to opt-out of the calls at the start of the message. Messages left on answering machines must provide a toll-free number to connect consumers to an opt-out system.
After September 1, consumers who receive these pre-recorded robocalls but have not agreed in writing to receive them should file a complaint with the FTC at www.ftc.gov or by calling 1-877-FTC-HELP.
Consumers who have not already registered their home or cell phones on the Do Not Call Registry can do so at www.donotcall.gov or call 1-888-382-1222. Most telemarketers should not call the consumer’s number once it has been on the registry for 31 days.