Revised FCC Telephone Consumer Protection Act Rules Take Effect October 16, 2013 | Practical Law

Revised FCC Telephone Consumer Protection Act Rules Take Effect October 16, 2013 | Practical Law

On October 16, 2013, the Federal Communications Commission's (FCC) revised Telephone Consumer Protection Act's rules become effective.

Revised FCC Telephone Consumer Protection Act Rules Take Effect October 16, 2013

Practical Law Legal Update 8-545-6905 (Approx. 3 pages)

Revised FCC Telephone Consumer Protection Act Rules Take Effect October 16, 2013

by Practical Law Intellectual Property & Technology
Published on 16 Oct 2013 • USA (National/Federal)
On October 16, 2013, the Federal Communications Commission's (FCC) revised Telephone Consumer Protection Act's rules become effective.
The Federal Communications Commission's (FCC) revised Telephone Consumer Protection Act's rules go into effect on October 16, 2013. The revisions require businesses to obtain express written consent before advertising or telemarketing through:
  • Autodialed calls or text messages or prerecorded calls to consumers' mobile numbers.
  • Prerecorded calls to consumers' residential lines.
The revised rules also eliminate the exemption allowing businesses to place prerecorded advertising or telemarketing calls to a consumer's residential phone line if the business had a pre-existing business relationship with the consumer.
The express written consent requirement can be satisfied by:
  • Consent under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
  • E-mail.
  • Web site form.
  • Text message.
  • Telephone keypress.
  • Voice recording.
The final rule is available here.