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New U.S. Rules for Pre-Recorded Telemarketing Calls

On February 15, 2012, the U.S. Federal Communications Commission approved new rules regarding auto-dialed or pre-recorded telemarketing calls to residential and mobile numbers.  Among the important changes are:

  • express written consent will be required for auto-dialed telemarketing calls to residential lines and wireless numbers;
  • the “established business relationship” exception to the consent requirements for auto-dialed telemarketing calls to residential lines will be eliminated; and
  • auto-dialed pre-recorded messages must provide consumers with an automated, interactive opt-out mechanism to permit the consumer to opt-out of receiving further calls.