Are You Prepared For The New TCPA Changes Effective January 14, 2013?

The Federal Communications Commission (FCC) has approved and published its amended Telephone Consumer Protection Act (TCPA) regulations on telemarketing calls, many of which go into effect in 2013. These updates to the TCPA impose additional opt-out requirements (effective Jan. 14, 2013) and consent requirements (effective Oct. 13, 2013) for prerecorded or autodialed telemarketing calls, harmonizing the FCC's implementation of the TCPA with the Federal Trade Commission's Telemarketing Sales Rule (TSR).

New "Opt-Out" Requirements for Autodialed or Prerecorded Telemarketing Calls

• Old rule: Under existing FCC rules, consumers who do not wish to receive further prerecorded telemarketing calls can opt out by dialing a telephone number (required to be provided in the prerecorded message) during regular business hours to make a company-specific Do-Not-Call request.