In a Report and Order issued by the Federal Communications Commission (FCC) in February 2012, several new requirements for telemarketers were put into effect pursuant to the Telephone Consumer Protection Act of 1991(TCPA). Relevate® announced its Wireless Telephone Identification Service is available to telemarketers who need to accurately identify wireless telephone numbers in order to comply with the new regulations going into effect on October 16, 2013.
One of the new obligations requires that companies must obtain prior express written consent from consumers prior to using an auto dialer to make telemarketing calls to their wireless numbers. The significant change is that the consent must be written and signed, and the “existing business relationship” exclusion has been removed.
This provision does not apply to purely informational or transactional calls or messages, such as flight updates, calls by or on behalf of tax-exempt nonprofit organizations, calls for political purposes, surveys, or bank account fraud alerts. The rule for the delivery of an autodialed or prerecorded non-marketing call or text message to a cell phone remains the same: only prior express consent is required, provided that the call or message contains no upsell or marketing content.