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News
ing calls, faxes, pre-recorded calls or calls that do not use pre-recorded
autodialed calls, also known as robo- messages are exempt from this rul-
calls. The new ruling brings much- ing.
needed clarification of TCPA guide-
lines for calls to landline and wire- New TCPA guidelines stipulate that Let us
less phones. As the regulatory body advertisers must announce interac-
tasked with enforcing the TCPA, the tive opt-out mechanisms at the be- help you
commission can review complaints, ginning of every call and provide a piece together
impose fines against noncompliant way for consumers to opt out for the your perfect
businesses and award damages to duration of every call. Advertisers advertising
complainants. must also maintain updated records
of "abandoned calls," averaging no campaign
The TCPA ruling also applies to text more than 3 percent for each cam- to grow you
messages delivered to mobile phones. paign over a 30-day period. buisness.
Merchants, marketers and consumer
brands must have consumers' writ- An October amendment to the origi-
ten permission to deliver short mes- nal 1991 ruling explicitly refutes the
sage service (SMS) calls for market- practice of businesses continuing to
ing, call center or collection purpos- solicit consumers based on pre-exist-
es, the FCC said. ing relationships. "Established busi-
ness relationship no longer relieves
Limited exceptions advertisers of prior unambiguous
The FCC exempted financial and written consent requirement," the
healthcare institutions that initiate FCC stated.
urgent messages to consumers, such
as fraud alerts or prescription refill Additionally, consumers who had
notifications. However, it pointedly previously opted in to receiving mar-
prohibits "other types of financial keting communications from com-
or healthcare calls, such as market- panies, including autodialed phone
ing or debt collection calls." It further and text messages, can now change
grants consumers the right to opt their minds by revoking "prior ex-
out of these permitted calls and SMS press consent," thus rendering for-
messages at their discretion. mer opt-in offers to be noncompliant
with TCPA regulations and subject to
Attorney Kristi Lemoine of the FCC's penalties.
Consumer and Governmental Af- Expanded consumer resources
fairs Bureau noted that download-
able applications installed on mobile The Do-Not-Call Registry has been Customized advertising
devices with autodial capability are left largely intact, providing an
subject to TCPA guidelines. Indi- additional resource that consumers
viduals whose phone numbers are can use to restrict unwanted company and budget.
included in a mobile phone's direc- telemarketing calls. The FCC noted its
tory of contacts must provide written intention "to build on the Registry's *Print (various sizes)
consent prior to their being contacted effectiveness by closing loopholes *Online
by an autodial application. However, and ensuring that consumers are
companies that develop and market fully protected from unwanted calls, *Video
the app would not be blamed if the including those not covered by the *Resource Guide
app is used for noncompliant mes- Registry." (print/online/front page)
saging unless these companies had
initiated the calls. TCPA guidance holds that consumer *Email Blasts
opt-ins and express consent do *Spotlight Partnerships
Interactive, retroactive opt-outs not apply to reassigned numbers,
The FCC upheld the TCPA's October making it necessary for callers to *Bundle package
discounts
2013 mandate requiring companies continuously update their customer
to obtain "unambiguous written con- databases. The FCC recognizes Call today!
sent" from consumers for autodialed that sometimes despite best efforts
phone and text solicitations. Manu- and due diligence a company may 707-284-1686
ally dialed, scripted telemarketing inadvertently autodial a reassigned
15
ing calls, faxes, pre-recorded calls or calls that do not use pre-recorded
autodialed calls, also known as robo- messages are exempt from this rul-
calls. The new ruling brings much- ing.
needed clarification of TCPA guide-
lines for calls to landline and wire- New TCPA guidelines stipulate that Let us
less phones. As the regulatory body advertisers must announce interac-
tasked with enforcing the TCPA, the tive opt-out mechanisms at the be- help you
commission can review complaints, ginning of every call and provide a piece together
impose fines against noncompliant way for consumers to opt out for the your perfect
businesses and award damages to duration of every call. Advertisers advertising
complainants. must also maintain updated records
of "abandoned calls," averaging no campaign
The TCPA ruling also applies to text more than 3 percent for each cam- to grow you
messages delivered to mobile phones. paign over a 30-day period. buisness.
Merchants, marketers and consumer
brands must have consumers' writ- An October amendment to the origi-
ten permission to deliver short mes- nal 1991 ruling explicitly refutes the
sage service (SMS) calls for market- practice of businesses continuing to
ing, call center or collection purpos- solicit consumers based on pre-exist-
es, the FCC said. ing relationships. "Established busi-
ness relationship no longer relieves
Limited exceptions advertisers of prior unambiguous
The FCC exempted financial and written consent requirement," the
healthcare institutions that initiate FCC stated.
urgent messages to consumers, such
as fraud alerts or prescription refill Additionally, consumers who had
notifications. However, it pointedly previously opted in to receiving mar-
prohibits "other types of financial keting communications from com-
or healthcare calls, such as market- panies, including autodialed phone
ing or debt collection calls." It further and text messages, can now change
grants consumers the right to opt their minds by revoking "prior ex-
out of these permitted calls and SMS press consent," thus rendering for-
messages at their discretion. mer opt-in offers to be noncompliant
with TCPA regulations and subject to
Attorney Kristi Lemoine of the FCC's penalties.
Consumer and Governmental Af- Expanded consumer resources
fairs Bureau noted that download-
able applications installed on mobile The Do-Not-Call Registry has been Customized advertising
devices with autodial capability are left largely intact, providing an
subject to TCPA guidelines. Indi- additional resource that consumers
viduals whose phone numbers are can use to restrict unwanted company and budget.
included in a mobile phone's direc- telemarketing calls. The FCC noted its
tory of contacts must provide written intention "to build on the Registry's *Print (various sizes)
consent prior to their being contacted effectiveness by closing loopholes *Online
by an autodial application. However, and ensuring that consumers are
companies that develop and market fully protected from unwanted calls, *Video
the app would not be blamed if the including those not covered by the *Resource Guide
app is used for noncompliant mes- Registry." (print/online/front page)
saging unless these companies had
initiated the calls. TCPA guidance holds that consumer *Email Blasts
opt-ins and express consent do *Spotlight Partnerships
Interactive, retroactive opt-outs not apply to reassigned numbers,
The FCC upheld the TCPA's October making it necessary for callers to *Bundle package
discounts
2013 mandate requiring companies continuously update their customer
to obtain "unambiguous written con- databases. The FCC recognizes Call today!
sent" from consumers for autodialed that sometimes despite best efforts
phone and text solicitations. Manu- and due diligence a company may 707-284-1686
ally dialed, scripted telemarketing inadvertently autodial a reassigned
15
