FCC Imposes Strict New Rules For Robocalls

The Federal Communications Commission ("FCC") has issued an Order requiring telemarketers to obtain prior written consent from consumers before distributing prerecorded telemarketing messages via autodialer ("robocalls") to cell phones (voice or text) or residential landlines. With the exceptions noted below, the Order applies regardless of whether there is an existing business relationship between the marketer and the consumer. The rule requiring prior written consent will go into effect 12 months after the date of formal publication of the approved rule in the Federal Register.

The FTC and the FCC both have jurisdiction over telemarketing. The FTC is responsible for enforcing the Telemarketing Sales Rule; the FCC derives its regulatory authority from the Telephone Consumer Protection Act. Importantly, the FCC has jurisdiction over all telemarketers, while the FTC's jurisdiction does not extend to banks, airlines or insurance companies, or to intrastate calls.