Three Things You Should Avoid Doing With Respect To The October 16 FCC Rule Changes For Calling Or Texting Cell Phones

For all of you procrastinators out there, we are down to the wire on preparing for the October 16 changes to Federal Communications Commission ("FCC") rules that will require "prior express written consent" when an automatic telephone dialing system (autodialer) is used to call or text cell phones for marketing purposes.  "Prior express written consent" means the consumer's agreement – in writing and signed, either on paper or as allowed electronically under the E-SIGN Act – that clearly authorizes the seller to deliver telemarketing calls or messages using an autodialer and states the telephone number to which such calls or messages may be delivered.

Moreover, the written agreement must include a clear and conspicuous disclosure that (a) the consumer is authorizing calls to be delivered using an automatic telephone dialing system (or, if applicable, a prerecorded voice), and (b) the consumer is not required to provide consent as a condition of purchasing