http://ecfr.gpoaccess.gov/cgi/t/text/te ... 12&idno=47http://business.ftc.gov/documents/bus27 ... sales-rule =>
http://business.ftc.gov/documents/bus27 ... edmessagesTelemarketing Calls That Deliver Prerecorded Messages
In August of 2008, the Commission adopted amendments to the TSR that directly address the use of prerecorded messages in telemarketing. Under those amendments, as of September 1, 2009, the Rule expressly prohibits outbound telemarketing calls that deliver a prerecorded message unless the seller has obtained the call recipient’s prior signed, written agreement to receive such calls from that seller. The prohibition applies to prerecorded message calls regardless of whether they are answered by a person or by an answering machine or voice mail service. With certain exceptions (explained on pages 61 and 62), the prohibition applies to all calls that deliver a prerecorded message, regardless of whether the number called is listed on the National Do Not Call Registry.
Moreover, as of December 1, 2008, even when the seller has the call recipient’s prior agreement to receive prerecorded message calls, the message must provide an automated interactive opt-out mechanism that is announced and made available at the outset of the message (right after the required prompt disclosures described on page 21). The opt-out mechanism must remain available throughout the duration of the call. If a call delivering a prerecorded message possibly might be answered “live” by a consumer, the message must include a voice-activated or telephone keypress automated mechanism that will automatically add the number called to the seller’s entity-specific Do Not Call list and then immediately terminate the call. If a call possibly might be picked up by an answering machine, or voicemail service, then the message must include a toll-free number that, when called, will connect a caller to the same automated opt-out mechanism, which must be available for the duration of the calling campaign.
and a professional interpretation:
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