2) sellers’ self-interest in retaining established customer relationships is insufficient to
prevent abuse through excessive prerecorded telemarketing calls,
3) prerecorded message calls impose costs and burdens on consumers, and
4) opt-out approaches for consumers to cease receiving prerecorded telemarketing calls
are likely to provide adequate protection of consumers.
Opt-Out Requirement for Prerecorded Telemarketing Calls
Effective Dec. 1, 2008, a telemarketing call that includes a prerecorded message must
contain a quick and easy method for the recipient of the call to opt-out of receiving
future prerecorded telemarketing calls from the telemarketer.
The TSR does not define what is a prerecorded message, which is self-evident as any
message not delivered by a live human voice.
If a seller or telemarketer complies with the following rules for prerecorded
telemarketing calls, the seller or telemarketer will obtain safe harbor protection against a
violation of the prohibition against making such calls without the first obtaining the
written permission of the person called.
For a call to induce the purchase of a good or service, the seller or telemarketer making
the call must allow the phone to ring at least 15 seconds (approximately four rings)
before disconnecting the call and, within two seconds after completion of the greeting of
a person who answers the call, the call must provide a prerecorded message that
clearly:
1) identifies the seller,
2) states that the purpose of the call is to sell goods or services,
3) describes the nature of the goods or services offered for sale and
4) states that if a prize promotion is offered, no purchase or payment is necessary to be
able to win a prize or participate in a prize promotion and that a purchase will not
increase the person’s chances of winning.
If the person called answers the call in person, the prerecorded message must inform
the person that he or she can at any time during the call use an automated interactive
voice and/or telephone key press activated out-out mechanism to make a do-not-call
request.
The opt-out mechanism must remain available for the duration of the call and, if used by
the person called, must automatically add the number called to the seller’s company
specific do-not-call list and immediately disconnect the call.