Tue, 04/07/2015 - 15:38
In a recent post to the FTC’s Business Blog, FTC attorney Bikram Bandy answered some basic questions about complying with the robocall provisions of the Telemarketing Sales Rules (“TSR”). Similar to the FCC’s rules issued pursuant to the TCPA, the FTC prohibits certain robocalls. According to Bandy:
“If you’re trying to sell something, you can’t place robocalls to any phone number – even numbers that aren’t on the Do Not Call Registry. The only exception is if the consumer has given signed written permission to receive robocalls on behalf of your company (not your affiliates, marketing partners, etc. – your company). The written permission must include the consumer’s phone number and has to clearly and conspicuously explain that he or she gives your company permission to make robocalls. The bottom line: If you don’t have valid written permission, you can’t send robocalls. Period.”
Keep in mind that the FTC’s jurisdiction doesn’t extend as far as the FCC’s and that it is very difficult to use the private right of action under the TSR, so businesses are much more likely to get sued by private parties under the TCPA. "The FTC, however, can still go after businesses that violate the TSR, and can fine businesses for up to $16,000 per violation."