fbpx

WHAT ARE THE TCPA’S RESTRICTIONS ON TELEMARKETING AND ADVERTISEMENTS UNDER FCC RULES?

  • Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (called party’s local time)

  • A residential telephone number on the national do-not-call registry

The FCC rules that govern the delivery methods telemarketing and advertisements.  Telemarketing means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.

Beginning October 16, 2013, prior express written consent was required for all auto-dialed calls, pre-recorded calls or texts sent or made to a wireless number and pre-recorded calls made to wired numbers for advertising or telemarketing purposes.  The prior business relationship exemption was eliminated.

Exceptions include calls:

  • that are manually dialed and do not contain a pre-recorded message;

  • made for emergency purposes;

  • not made for a commercial purpose;

  • made for a commercial purpose but does not include or introduce an advertisement or constitute telemarketing;

  • made by or on behalf of a tax-exempt nonprofit organization; or

  • that delivers a “health care” message made by, or on behalf of, a “covered entity” or its “business associate,” as those terms are defined in the HIPAA Privacy Rule.

Credit: https://www.experian.com