FCC Modifies Telephone Consumer Protection Act

On February 15, 2012, the Federal Communications Commission (FCC) voted to amend its Telephone Consumer Protection Act (TCPA) regulations. The amendments include the following:

1. A company must have express written consent to place a prerecorded sales call to a consumer. Consent may be obtained electronically if compliant with the E-SIGN Act.
2. The "established business relationship" exception to the FCC's TCPA regulations will no longer apply to prerecorded sales calls.
3. Prerecorded sales calls must have an interactive opt-out mechanism so that the called party can stop further calls with a telephone key press.

For more information, please visit the FCC’s website at www.fcc.gov. Please contact Sam DePoy, Vice President, Federal & Regulatory Affairs at sdepoy@arda.org should you have any other questions.