According to the reminder notice, "The Federal Trade Commission (FTC) will begin to enforce its rules against pre-recorded sales calls, unless the calls meet a narrow exception. The FTC announced, pending resolution of further petitions, that it would not begin enforcement proceedings against an entity who placed a prerecorded sales call to a consumer with whom it had an established business relationship (EBR), so long as the entity: first, allows the consumer's telephone to ring for at least fifteen seconds or four rings prior to disconnecting; second, within two second's after the consumer's greeting, the consumer is presented with the opportunity to make a company-specific do not call request; and, finally, the entity complies with all other applicable federal and state laws.
Thus, businesses can make prerecorded sales calls to consumers with whom they have an EBR, but these calls should comply with the new requirements imposed by the FTC."
There is also some differences between FCC guidelines and those from the FTC for EBR calls, but they both deal with "abandoned calls" -- calls that are not answered by a live person (e.g., those answered by an answering machine) withing 2 seconds after the called's person's greeting. Caller must identify themselves or whose behalf they are calling and leave a contact phone number -- WITHOUT a sales pitch.
For Realtors - here is additional information (login required).
For all businesses: FTC's New Telemarketing Sales Rules (chamberofcommerce.com)
FTC Request for Comments (10/03/06)
Federal Register Proposed Rules (11/9/06)
Comments Filed With the FTC for/against regulations (first entry is AARP)
16 C.F.R. Part 310: Telemarketing Sales Rule: Denial of Petition for Proposed Rulemaking; Revised Proposed Rule With Request for Public Comments; and Revocation of Non-Enforcement Policy (Effective January 2, 2007) - Text of the Federal Register Notice
Visit my web site for additional services and support: LawrenceYerkes.com
and visit BestProperties-NJ.com to learn more about our commercial services and resources.
Copyright 2007 by Timon, Inc. All Rights Reserved.
Comments(0)