The document summarizes new FCC rules regarding telemarketing calls and compliance requirements. It discusses that prerecorded calls to cell phones now require express written consent; prerecorded telemarketing calls to residential lines no longer can rely on established business relationships and require express written consent; abandonment rates must now be measured on a 30 day campaign basis; automated opt-out mechanisms are required for certain prerecorded calls as well as in abandoned call messages; and implementation timelines are given for the new rules.

1. New FCC Rules:
Expert Legal Analysis with Q&A
Compliance Webinar
March 1, 2012

2. FCC Compliance Webinar
Joseph Sanscrainte 212-626-6934
Law Office of jws@sanscrainte.com
Joseph W. Sanscrainte
Ryan Thurman 866-362-5478 ext. 116
Director of Sales & Marketing Ryan@dnc.com
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3. Issues
• What part of these rules applies to my organization?
• How does this affect the type of dialer I can use?
• Are pre-recorded calls totally off the table?
• Do calls to wireless devices and texts still require
consent?
• What do I need to scrub for telemarketing and collection
calls?
• What impact do the rules have on the call abandonment
rate and abandoned call message?
• When do I need to comply with the new FCC rules?

4. BACKGROUND
• 2008: FTC changes its prerecorded rules
– prerecorded telemarketing messages require express written
consent
– Opt-out via automated keypress or voice-activated
mechanism
– Technology “agnostic” – doesn’t matter how you make the
call; doesn’t matter if its to a landline or wireless
– Successive, 30 day, per campaign standard for
abandonment
• January 2010: FCC NPRM
– FCC correctly concludes its prerecorded rules are different
– Proposed rules keep existing FCC framework – NOT
agnostic
– “Rolling” v. “successive” abandonment measurement

5. ISSUE 1: PRED DIAL/PREREC (PD/PR) CALLS TO CELL PHONES
• Old rule: no PD/PR to cell phones w/out PEC (PDQ)
• New rule: FCC creates two categories:
– Category 1: telemarketing PD/PR calls to cell phones
– Category 2: all other PD/PR calls cell phones
• Category 1 - FCC divides THESE calls into:
– Calls that constitute telemarketing generally: prior express
WRITTEN consent required
– Telemarketing calls made by tax-exempt non-profit orgs – PEC
(i.e., no writing) sufficient
– HIPAA calls
• Category 2 – “catch-all”
– All PD/PR calls to cells OTHER than above – PEC only
– Informational, non-telemarketing calls

6. ISSUE 2: PR CALLS TO RESIDENTIAL LINES
• Old rule: PEC to deliver PR TM call to residential
line
– UNLESS you have an EBR – then no PEC required
– FTC removed EBR exemption in August, 2008 AND
required EWC
• New rule: FCC follows FTC rule
– You can not rely on EBR when delivering a PR TM call
to a residential line
– You must obtain EWC for ANY such call
– FCC makes clear this ONLY applies to TM, and NOT
informational and non-telemarketing calls
– New rule does not apply to HIPAA calls

7. ISSUE 3: ABANDONED CALL CHANGES
• Old rule: measure abandonment rate every
30 days across all calling campaigns
– FTC requires measurement on a 30 day
successive day basis per campaign
• New rule: Same as FTC
– Ok, almost . . . Seller has to disclose that the call
was for “telemarketing purposes” along with name
and telephone number of the seller

8. ISSUE 4: AUTOMATED OPT-OUTS
• FTC rule:
– PR TM calls that “could be answered by a person”
must have interactive voice or keypress opt-out
– PR TM calls that “could be answered by an
answering machine” require toll-free # disclosure
• FCC rule: see above, but . . .
– Unlike FTC, FCC requires opt-out during
ABANDONED CALL message
– Toll-free # disclosure must be made during PR TM
messages that are in fact left on answering
machines

9. ISSUE 5: IMPLEMENTATION
• “Start” point: publication of OMB’s approval
• FCC establishes:
– 30-day period for abandoned call rule
– 90-day period for opt-out mechanism for PR TM
calls and abandoned messages
– 12-month period for phasing out EBR exemption
for PR TM calls to residential lines
– 12-month period for implementing rule that PEC
be in writing for predictive dialer calls to cell
phones

10. Special Offers: Free Wireless Number Analysis
Free State Registration Review
Joseph Sanscrainte
Ryan Thurman
866-362-5478 ext. 116 212-626-6934
Ryan@dnc.com jws@sanscrainte.com
Contact Center Compliance Solutions
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Training Master
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