New TCPA Rules Effective October 16, 2013

In 2012, the Federal Communications Commission (FCC) revised its regulations under the Telephone Consumer Protection Act ("TCPA"). On October 16, 2013, the final amendments to these regulations requiring prior express written consent for autodialed telemarketing calls to cell phones and prerecorded telemarketing messages will go into effect. These regulations could dramatically affect communications with customers and potential customers.

What Calls Are Affected?

The revisions generally prohibit the use of an "automatic telephone dialing system" to initiate calls that include an advertisement or constitute telemarketing to any cell phone without prior written consent. This includes both phone calls and text messages to cell phones using an automatic telephone dialing system.