What Federal Agencies Regulate Autodialer Law?
The two main federal government agencies that enforce federal Autodialer Law are the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC). Click here to watch a short video about Autodialers. How do you know if your system is an Autodialer?
What Federal Statutes and Rules Govern Autodialer Law?
Federal statutes and rules governing Autodialer Law include the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR). These autodialer laws are amended occasionally. The FTC and FCC also commonly provide their own administrative interpretations of these auto dialer laws. For example, on June 18, 2015 the FCC approved a declaratory ruling and order significantly expanding the definition of an "automatic telephone dialing system" or "ATDS" under the TCPA.
What activities do Federal Autodialer Laws prohibit?
The FCC autodialer laws prohibit autodialing and prerecorded messages (robodialing) except in limited circumstances. The FTC has also adopted its own rules which limit the delivery of prerecorded messages. Potential exceptions to these restrictions exist when the caller has prior express written consent to make the call or when the call is not considered "telemarketing."
What is required by Federal Auto dialer law?
When using prerecorded messages (or robocalls), you must give the call recepient the opportunity to opt-out from receiving further robocalls. Federal Autodialer Law requires you to provide an automated interactive opt-out mechanism that responds to a key press or a spoken request. There are also rules under Federal Autodialer Law concerning: mandatory disclosures, call abandonment rate restrictions, the prompt disconnect rule, record keeping requirements, and call time/curfew restrictions. Under Federal Autodialer Law, callers are also required to "scrub" against a national wireless number list and a national ported cell number list.
What needs to be done to be Compliant with Autodialer Law?
There are so many rules and laws prohibiting and restricting the use of autodialing and prerecorded messages that you should consult with a Autodialer Law attorney to ensure full compliance with Federal Autodialer Law.
Many autodialer lawsuits are filed as TCPA actions - what should one do if sued in a TCPA class action lawsuit?
Know how to win a TCPA lawsuit and know where to look for the best TCPA defense lawyer for your specific case.
Some content on this page was made before the D.C. Circuit Court of Appeals’ March 2018 Decision, which can be accessed here: http://bit.ly/2HHTfND