Archway Broadcasting

Telemarketing Sales Rule and Voice Broadcasting

Please note that here at Archway Braodcasting we are not lawyers so this is not a replacement for legal advice. If you want more information on the subject it would be best to contact a lawyer in your local area who is knowledgeable about such matters.

The Federal Trade Commision (FTC) changed the Telemarketing Sales Rule (TSR) in relation to prerecorded messages which in turn has restricted the use of this marketing technique. This is simply because so many people have complained about receiving these types of marketing call as there has unfortunately been a lot of illegal activities being conducted.

Essentially, it means that you are unable to call someone with a pre recorded phone message unless you have received consent from the individual beforehand. This means that:-

1. Prior Written Consent. (The ammendments) expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls.
2. Opt Out Option In Phone Message. (The ammendments) require that, by December 1, 2008, sellers and telemarketers provide, at the outset of all prerecorded messages, an automated keypress or voice-activated interactive opt-out mechanism so that consumers can opt out as easily as they can from a live telemarketing call.
3. Answer Machine Message Containing Toll Free Opt Out Number. In cases where the call is answered by an answering machine or voicemail, (the caller must) provide a toll-free number that allows the person called to be connected to an automated interactive voice and/or keypress-activated opt-out mechanism anytime after the message is received.

However there are some exceptions including:

1. Political Calls
2. Information Only Calls
3. Business to Business Broadcasting
4. Banks
5. Healthcare-Related Calls that come under Health Insurance Portability and Accountability Act (HIPAA)
6. Non Profit Calls to donors or members

So if you have thought about broadcasting but shied away from it because of the new laws, make sure you find out the facts because telephone broadcasting is still legal, it's just that you need to know where you stand exactly.