The FTC & Robocalls

The Federal Trade Commission has virtual put a ban on all robocalls. The new rules state that telemarketers may not send prerecorded sales calls. The only exception to sending the sales based messages is if the people on the other side actually subscribe or request to the prerecorded calls. The Federal Trade Commission created Telemarketing Sales Rule after pressure of close to 20,000 complaints. Consumers did not want to be bothered by automated junk telemarketing calls, so the lawmakers reacted.

The law required that beginning in December 2008 that every automated recording was required to include an automated opt-out feature. This feature would allow callers to take themselves out of further calls from that same company. The following year, in September 2009, telemarketers were forbidden to send out any automated telemarketing calls without "the prior express written agreement of the recipient to receive such calls." This year the FTC has started a process of fining and prosecuting individuals who continue to use robocalls as an unsolicited means of advertising.

Also, effective immediately, many of the exceptions to the robocall legislation have been eliminated. No longer are there exceptions for telemarketers to send robocalls to existing customers. An established business relationship was at one point grounds to be able to send an unsolicited recorded message. That is no longer the case. There are very few exceptions. This includes health care and health insurance related calls. These types of calls as well as charity and fundraising automated call are still allowed. Calls which made to members of the nonprofit charitable organization are also exempt from the rule. These fundraising calls, while still allowed, must follow strict opt-out procedures designated by the FTC.

All political robocalls are not considered telemarketing calls and therefore are not subject to the same rules as calls that are pushing goods or services. The inclusion of political campaigns to the exception is a hot button issue in the courts and in the court of public opinion. Campaign reform issues have begun to deal with this issue, but lawmakers seem to be quick to make exceptions for things that personally affect them. Congressional committees have been assigned to address still more changes in robocall legislation.

While there are many laws limiting the uses of auto dialers, there are many needs for this type of service in the educational and emergency services fields. The ability to notify hundreds or thousands in the case of an emergency could save lives. In addition, the use of robocalls is a very good way to keep members, employees, students informed in changes that might directly affect them. Auto dialers and robocalls can actually be a very valuable tool.

Like any tool, robocalls need to be used properly. The Federal Trade Commission has taken measures to protect the public against the annoyances and dangers of robocalls. With proper regulations in place and a constant evolution of the law with technology, the FTC has valued the privacy of the consumer.