PresentExpress Written Consent and the New TCPA Frontier Brought to you by:
Mitchell N. Roth, Esq.Presenters Joseph W. Sanscrainte, Esqu ire
TSR prohibits initiation of any outbound telephone call that delivers a prerecorded sales Pre- message unless: • The seller has obtained fromRecorded the recipient an express agreement in writingMessaging • The telephone rings for at least 15 seconds or 4 rings before disconnecting • Connect to sales rep within FTC two seconds of the called person’s completed greeting • Includes an automatic opt- out mechanism. Presented By:
The new regulationsFCC: Non- maintain the priorSolicitation express consent standard for non-Calls to Cell solicitation calls to cell Phones phones initiated with automated dialing equipment.
The new regulations prohibit live operator or prerecorded solicitation FCC: calls to cell phones without the recipients’ priorSolicitation Calls express written consent. to Cell Phones Also require written consent for prerecorded sales calls to residential numbers (EBR eliminated). Extensive requirements
What Constitutes Express Written Consent?• Express Written Consent – – Written agreement – Signature of person to be called – Clearly authorizes seller to deliver advertisements or telemarketing messages – Using automated telephone dialing system or artificial or prerecorded voice. – Telephone number to be called
What Constitutes Express Written Consent?Must have clear and conspicuous disclosures • Seller may deliver or cause to be delivered to the signatory telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and • The person is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services.
Petition for Reconsideration filed FCC: with FCC seeking to have predictive dialer excluded from Pending definition of automatedRegulatory telephone dialing system.Challenges
•Electronic signatures • Email • InternetCompliance • Telephone keypress • Digital voice recordings? Strategies •Perils of online lead generators • Name entities that will call • Name maximum number of entities people who may call
• Prior Express Written Consent for Predictive Dialer Calls to Cell Phones FCC:Implementatio • Prior Express Written Consent for Prerecorded n Telemarketing Calls Deadlines • October 16, 2013
Ryan Thurman 866-362-5478 ext. 116 DNC.COM Ryan@dnc.comScottsdale Compliance Summit March 13DNC.com/eventsSpecial Offers: Free Wireless Number Report Free Compliance Report Contact Center Compliance Solutions DNC Scrub Training Master Compliance Guide Data Enhancement