New TCPA Changes Go into Effect in 2013

The Federal Communications Commission (“FCC”) has amended the Telephone Consumer Protection Act(“TCPA”) regulations, many of which go into effect this year. These amendments impose additional opt-out requirements and consent requirements for prerecorded or autodialed telemarketing calls. These amendments are meant to harmonize the TCPA with the Federal Trade Commission’s (“FTC”) Telemarketing Sales Rule(“TSR”).

The new opt-out requirements for autodialed or prerecorded telemarketing calls, which goes into effect this month, makes it easier for consumers to immediately opt-out of receiving future calls. Under the old FCC rules, telemarketers were required to provide consumers with a telephone number they could call during regular business hours to have their name placed on the company specific Do-Not-Call list. This would stop any further prerecorded telemarketing calls. 

The new rule requires that all artificial or prerecorded telemarketing messages include an automated interactive opt-out mechanism that would allow consumers to opt out of receiving future calls immediately. This interactive feature would be available for the consumer to use throughout the duration of the call. Additionally, if a prerecorded telemarketing message was left on an answering machine or voicemail, a toll-free number must be provided to consumers so they can call back so they can connect with the automated opt out mechanism.

These rules were adopted by the FCC to be more in line with the FTC’s TSR. The FCC has jurisdiction over all telemarketers, while the FTC jurisdiction does not cover common carriers, banks and other financial institutions, insurance companies, airlines, and intrastate telemarketers. Therefore the FCC’s new rules will mostly impact the telemarketers from companies the FTC did not have jurisdiction over.

In order to prepare for these new rules telemarketers need to make some changes. Telemarketers need to set up an automated interactive opt out mechanism for consumers that if used will automatically add the consumer’s number to their do-not-call list and will immediately disconnect the call. Additionally, the toll free number will also need to be provided if a message is left. Employees will also need to be informed of the new rules and trained in any new requirements and procedures.

We understand that the laws here can be rather complex and difficult to understand. So if you or a loved one may have been the victim of TCPA violations, please contact us immediately. In addition, review the FDCPA Rules You Must Be Aware Of to help gauge if you have been harmed. 

We have been successfully representing those abused and taken advantage of by debt collectors for years, and have a long list of successful stories to share with you. We offer a FREE CASE REVIEW for you to assess whether we can assist you with your matter. Please do not hesitate to contact us toll free at 1-800-875-3666 if you prefer to talk to a trained professional over the phone instead, or of course, visit our website at http://www.krohnandmoss.com/.