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ROBOCALLS AND THE DO NOT CALL REGISTRY

In an effort to address a growing number of telephone marketing calls, Congress enacted in 1991 the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems and artificial or prerecorded voice messages. 

The use of pre-recorded message telemarketing, where a sales pitch to a live consumer begins with or is made entirely by a pre-recorded message, violates the Amended TSR because the telemarketer is not connecting the call to a sales representative within two (2) seconds of the people completed greeting.

On September 1, 2009, new FTC rules went into effect prohibiting most prerecorded telemarketing calls, commonly known as robocalls, unless the telemarketer has the consumer’s prior written authorization to transmit such calls.

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