WASHINGTON \u2013 Jan. 24, 2014 \u2013 All U.S. telemarketers \u2013 a group that includes Realtors calling residential or cell phone lines \u2013 must follow new and stricter Federal Communications Commission (FCC) rules over robocalls. A robocall is considered any pre-recorded telemarketing call made to a home landline, or any pre-recorded or auto-dialed telemarketing call or text to a wireless number.<\/p>\n
In general, the new rules ban telemarketers from calling or messaging any home or mobile device unless they have documentation of a consumer\u2019s express, unambiguous, consent \u2013 and that consent can no longer be buried in the fine print.<\/p>\n
Consent can be obtained through website forms, a telephone keypress, or a recording of the recipient\u2019s oral consent.<\/p>\n
Established business rule<\/strong> Telemarketers were never legally allowed to make robocalls to a wireless phone based solely on an \u201cestablished business relationship.\u201d That rule has effectively been extended to residential phone lines too. Even if a recipient bought something from the caller or just asked for more information, a telemarketer cannot robocall without prior express written consent.<\/p>\n Opt out<\/strong>
\nAnother change: The \u201cestablished business rule\u201d that allows calls a telemarketer to call a residence is now much stricter when applied to robocalls.<\/p>\n
\nThe new rules also require telemarketers to empower receivers to opt out of further robocalls, even if they previously gave permission. That opt-out power has to be announced at the outset of the message, and it must be available throughout the call.<\/p>\n