The new FCC rule requiring prior express written consent for all: (1) Autodialed or prerecorded telemarketing calls to wireless numbers; and (2) Prerecorded telemarketing calls to residential lines takes effect today. The rule eliminates the "established business relationship" exemption for such calls to residential lines and requires that telemarketers now obtain a written agreement containing the signature of the called party, including a clear and conspicuous disclosure that: 1. The person allows the seller to make telemarketing calls using an automatic telephone dialing system or an artificial/prerecorded voice; 2. Those calls may be made to the telephone number designated by the person agreeing to the calls; and 3. The person is not required to sign the agreement or to agree to enter into the agreement as a condition of purchasing any property, goods, or services. Consent obtained pursuant to the E-SIGN Act will satisfy the requirements of the rule.
PartnerJoshua Threadcraft is a trial and class action attorney in Burr & Forman’s Financial Services Practice Group with more than two decades of experience, including serving as first chair counsel in bench and jury trials and ...
