New Rules For Robocalls

News

The Federal Communications Commission last week approved new rules that will make it even more difficult for robocallers to harass consumers at home.

Under new rules by the FCC, telemarketers will be required to get express written consent from consumers before they're allowed to make robocalls. Telemarketers will also be forbidden from claiming that consent is implied based on a prior business relationship with the consumer.

Currently, companies that have an established business relationship with a particular consumer can call them without permission. For example, the FCC official said, a bank could robocall one of its checking account customers to try and sell them insurance. These new rules stop that without written permission.

Furthermore, the new rules will require telemarketers to provide an automated, interactive “opt-out” mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling; and, will limit the number of abandoned or “dead air” calls that telemarketers can make within each calling campaign.

The new rules apply only to telemarketers, which means certain classes of robocalls will still be allowed. For instance, if your pharmacy wants to inform you that your prescription is available, it may use an automatic calling service, as can public schools that wish to inform you of school closings. And calls made by charities or political campaigns will still be legal under the new rules, with or without your consent.

The rules will become official as soon as the Office of Management and Budget publishes its approval in the Federal Register. Once that happens, the clock starts ticking: Telemarketers will have exactly 12 months to implement the new rule requiring express written consent from consumers, and the "prior business relationship" exemption will be phased out during the same time period.
 

Comments

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  • +1
    OperatorRJ
    | 3 replies
    "...the new rules will require telemarketers to provide an automated, interactive “opt-out” mechanism during each robocall so that consumers can immediately tell the telemarketer to stop calling..."   I hope it is at the beginning of the call instead of at the end after you've had to listen to the entire schpeel before being able to press a button to opt-out.
  • +1
    Marshall
    Thank God!
  • +1
    Willdav713
    They are still calling me according to my VOIP call logs.  In fact, I got my first call from an ADAD on my At&t landline TODAY for carpet cleaning, and guess what?  I did not comply with the TCPA, or the new ADAD laws!!!! Thanks a lot CorpMerica.
  • +1
    honeybee
    It should be put into effect IMMEDIATLY. As it is now we still have to put up with the nonsense for yet another year. ;-{  But also glad SOMETHING is being done to somewhat end the annoying calls.
  • +1
    Zena
    I imagine this will be about as effective as the national Do Not Call registry. My phones have been registered since the DNC registry came out, and I STILL have to deal with telemarketers, especially on my cell phones. When telemarketers call me and I inform them that I'm on the DNC, they argue and say my number is not, even though I can verify it. They've always got some lame excuse or loophole. And when I say no to whatever crappy service they're offering, they sign me up for it anyway!
  • +1
    Landline user
    This has been needed for a very long time. I get unwanted calls all the time. I only hope it does some good. It would be nice to be put into effect IMMEDIATLY, if not sooner!
  • +1
    John
    | 2 replies
    I'd like to see an all year, open season declared on telephone marketers and surveyors. They are the lazy door to door salesmen of this generation. At least with door to door salesmen you could put signs on your door to deter them,....or a big dog in the front yard. These people are rude, cuss and hang up if you ask them to add you to the do not call list. If you request a copy of their DNC policy and list they are legally obligated to mail you a copy,....but they laugh, tell you to go !@#! yourself and hang up. No doubt adding you to the list of phone numbers that would like to be called more often by as many telemarketers as possible. I have no doubt when this law takes effect,...It will be ignored just as readily as the current laws.
  • +1
    Meh
    | 7 replies
    You know, I would be okay with a local person calling me, saying hey, it's been a while since you were in our shop, what's going on, are you all right, did we suck? And then like LISTENING to the reply. Even if it was my local Wally World, which is a pretty big company, I would honor that. I would accept maybe 15 minutes a day to connect, in a real way, with my community. And for someone who bothered doing it, I'd make an effort to come in again.

    But no, it's just these derps who don't get it, that robot calls and spam faxes (especially to your cell phone) are a total waste of time and money. Who, exactly, responds? Shut-ins and people who have no friends? I have NEVER bought anything from a cold call, ever. I don't know anyone else who has, either. I make an exception for Girl Scouts selling cookies in person, but I've even run off kids from local churches doing fundraising for their youth group summer vacation, so maybe I'm just a particularly hostile non-receptive consumer, but really. Robots selling health insurance? No thanks.

    This is super long overdue and I'm glad that it's at least an attempt to get some relief from the nonstop junk phone calls. I love the selective caller ID blocking feature offered by VOIP and phone companies, that's so much better than the cup of coffee I sacrifice for the subscription. We recently moved and had to start all over again with the call blocking, and for a while there it just seemed like the only calls we got were these spammers.

    There is probably a special place in hell for them, where they spend all day calling each other and all night deleting irritating emails. Whoever suggested open season on telemarketers had a great idea.

    In the meantime...

    http://esupport.fcc.gov/complaints.htm
  • +1
    Edith
    | 1 reply
    Query:

        Since most robo-calls do not contain the actual company name plus address and/or telephone number, does pressing "1" to speak to a live operator and possibly have to answer a few questions to learn the caller's identity mean you have consented to the call?
  • -1
    D in Maryland
    | 2 replies
    We have a Panasonic phone set with talking caller ID.  The base unit and each of the handsets speak the "name" of the caller.   Makes it easy to ignore "number unavailable" calls, calls showing only a state name, etc etc etc

    It also has call blocking for up to 20 numbers (new models block up to 30).  This takes care of the sweet old ladies calling on behalf of Purple Heart and the like who always agree to have your number taken off their calling list..... to no effect.  When a call comes in from a blocked number, the phone rings only once and then they get a busy signal....and the caller ID saves that number in case you want to check it.
  • +1
    Shelly Coffman
    I am an investigator with Meyer Wilson Co., LPA. We are looking into a case involving alleged unauthorized, automated calls to cellular telephones. If you have received one of these calls on your cellular telephone and would like more information about the case or wish to assist with our investigation, please contact me at 614-384-7030 or scoffman@meyerwilson.com. Thank you.
  • +1
    fedup
    | 2 replies
    The law should apply to everyone - charities, political calls, surveys, etc.,etc.etc.  There should also be a law requiring robo calls to disconnect when the person receiving the call hangs up.  These people have tied up my line on several occasions preventing me from calling out or receiving other calls.  This has happened during family emergencies and it should be considered a crime.
  • +1
    Tammy replies to fedup
    I agree! especially political calls. I've been bombarded with them!
  • +1
    john
    It's about freaking time this thing got some attention. Frankly, it doesn't go far enough, but it's a start.
  • +1
    Seriously?
    Those calls from "Card Holder Services" and several others tell you to "press N" to be removed from the list.  And then they call two days later!  The problem is lack of enforcement.  Those of us without caller ID have no way to even report a call that simply says "Goodbye."

    New rules are fine... IF they intend to enforce them!
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