fcc tcpa final amendments
TRANSCRIPT
FCC’s 2012 TCPA Amendments: The Do’s and Don’ts of Pre-Recorded Messages, Automated Opt Outs, and Abandonment Rates
October 23, 2012
Joseph Sanscrainte
Law Office of
Joseph W. Sanscrainte
212-626-6934
FCC 2012 TCPA Amendments
Ryan Thurman
Director of Sales & Marketing
866-362-5478 ext. 116
Mitchell N. Roth 703-485-3536
Roth Doner Jackson PLC [email protected]
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
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
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
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
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
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
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???
Questions ?
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