This document summarizes new FCC rules from 2012 regarding prerecorded messages, automated opt-outs, and abandoned call rates. Key points include: prerecorded telemarketing calls to cell phones now require express written consent; the exemption allowing prerecorded calls to residential lines based on an established business relationship has been removed, also requiring express written consent; abandoned call rates must now be measured separately for each telemarketing campaign on a successive day basis. The new rules also require automated interactive opt-outs for prerecorded calls and disclosure of this option in abandoned call messages. Implementation deadlines for the new rules range from late 2012 to mid-2013.

1. FCC’s 2012 TCPA Amendments:
The Do’s and Don’ts of Pre-Recorded Messages,
Automated Opt Outs, and Abandonment Rates
October 23, 2012

2. FCC 2012 TCPA Amendments
Ryan Thurman 866-362-5478 ext. 116
Director of Sales & Marketing Ryan@dnc.com
Joseph Sanscrainte 212-626-6934
Law Office of jws@sanscrainte.com
Joseph W. Sanscrainte
Mitchell N. Roth 703-485-3536
Roth Doner Jackson PLC mroth@rothdonerjackson.com

3. FCC 2012 TCPA Amendments
Webinar Objectives: FCC Rules
 Understand how new FCC rules came into being
 Understand specifics of new rules
 Understand when new rules need to be implemented
 Abandoned call measurement
 Automated opt outs
 Phasing out EBR exemption re: prerecorded calls
 Obtaining express written consent for calling cell phones
Webinar recording will be available on DNC.com

4. FCC 2012 TCPA Amendments
NEW FCC RULES: 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. FCC 2012 TCPA Amendments
PRED DIAL/PREREC CALLS TO CELL PHONES
• Old rule: no pred dial/prerec calls to cell phones w/out prior
express consent
• New rule: FCC creates two categories:
– Category 1: telemarketing pred dial/prerec calls to cell phones
– Category 2: all other pred dial/prerec 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 – prior
express consent (i.e., no writing) sufficient
– HIPAA calls
• Category 2 – “catch-all”
– All pred dial/prerec calls to cells OTHER than above – consent only
– Informational, non-telemarketing calls

6. FCC 2012 TCPA Amendments
PREREC CALLS TO RESIDENTIAL LINES
• Old rule: you need prior express consent to deliver
prerec telemarketing call to residential line
– UNLESS you have an EBR – then no consent required
– FTC removed EBR exemption in August, 2008 AND
required express written consent
• New rule: FCC follows FTC rule
– You can not rely on EBR when delivering a prerec
telemarketing call to a residential line
– must obtain express written consent for ANY such call
– FCC makes clear this ONLY applies to telemarketing,
and NOT informational and non-telemarketing calls
– New rule does not apply to HIPAA calls

7. FCC 2012 TCPA Amendments
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. FCC 2012 TCPA Amendments
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. FCC 2012 TCPA Amendments
IMPLEMENTATION DEADLINES
• “Start” point: 10/16/2012
• New abandoned call rule (Nov. 15, 2012)
• Automated interactive opt-out for prerecorded
telemarketing calls (January 14, 2013)
• Phasing out EBR exemption for prerecorded
telemarketing calls to residential lines (October 16,
2013)
• Implementing rule that prior express consent be in
writing for predictive dialer calls to cell phones
(October 16, 2013)
• Automated, interactive opt-out for abandoned call
messages???

10. Questions ?
Ryan Thurman
Special Offers: 866-362-5478 ext. 116
 Free Wireless Number Report DNC.COM
 Free Compliance Report Ryan@dnc.com
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