Chicago Automobile Trade Association

New rules for telemarketing calls and texts

October 27, 2013
Federal Communication Commission regulations that guide business telemarketing calls and messages changed Oct. 16. Businesses now must obtain express written consent before making a call that is prerecorded or placed with an automated dialing system — so-called “robocalls.”
That means that before making such calls, businesses must get written consent signed by the customer that specifically indicates the business will be making the calls; and it must identify the telephone number for which consent is being given. As such, the established business relationship exemption to the consent requirement is eliminated for those types of calls.
Businesses already in compliance with the Federal Trade Commission’s more stringent rules under the Telemarketing Sales Rule generally will not have to change their practices to comply with the FCC changes, with respect to calls placed to residential land telephone lines.
Prerecorded or autodialed calls of any kind generally cannot be made to a mobile phone without prior express consent, including calls that are purely informational, such as a call to notify a customer that her vehicle is ready for pickup in the service department.
Dealers should work closely with third-party vendors to ensure compliance with the new requirements.


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