FTC Restricts Use Of Prerecorded Telephone Messages

In an order published October 4, 2006, the Federal Trade Commission ("FTC" or "Commission") announced its intention to begin aggressive enforcement action against telemarketers that deliver prerecorded voice messages, even where the called party has an established business relationship ("EBR") with the caller. Companies that use telephone sales as a marketing channel should review their compliance with the FTC’s order, which directly contradicts the telemarketing rules of the Federal Communications Commission ("FCC"). Interested parties also should consider filing comments expressing their concerns with the order. The FTC has set a deadline of December 18, 2006, for the filing of such comments.