FCC Now Requires Robocalls To Be Opt-In

By Jasmin Melvin

WASHINGTON (Reuters) - Telemarketers will have to get written consent before placing automated calls to consumers under new rules U.S. communications regulators voted to adopt on Wednesday.

The Federal Communications Commission will enforce stricter rules on so-called telemarketing "robocalls," mandating that these autodialed or prerecorded calls can only be placed to consumers who have already agreed in writing to receive them.

Companies will no longer be able to point to an established business relationship with a consumer to justify the automated pitches.

"Consumers have complained to us by the thousands about annoying robocalls," said FCC Chairman Julius Genachowski during the agency's monthly open meeting.

Robocalls made by charities and political campaigns and providing information like school closings, flight changes and prescription refill reminders will not be affected by the new rules.

The vote cracks down on telemarketers for banks, insurance agents, phone companies and others who used loopholes in the law that established the Federal Trade Commission's Do Not Call Registry to continue to automatically dial consumers.

"The order we adopt today will require written opt-in, and it will make it easy for consumers to opt out. We're closing loopholes that have allowed robocallers to sneak through," Genachowski said.

The FCC said the calls invade consumers' privacy. The agency added that the calls often cut into wireless customers' minutes as more consumers rely solely on wireless services and do not have landlines.

All robocalls will also have to include an automated opt-out option to allow consumers to immediately notify telemarketers that they no longer want to receive these calls.

The FCC also voted to require Voice over Internet Protocol services, or VoIP, to report network outages that affect 911 emergency calls.

The reporting requirements are already in place for traditional carriers, and the vote extends them to the nearly one-third of residential telephone subscriptions provided through VoIP services like those of Vonage Holding Corp .

(Reporting By Jasmin Melvin; Editing by Tim Dobbyn and Gerald E. McCormick)

Copyright 2012 Thomson Reuters. Click for Restrictions.

Comments

[Susan of Wales]

11:59 AM on 02/25/2012

So, Diane will no longer be offering to clean my rugs?

And people will no longer offer to lower the interest rates on my credit cards that they can not even identify?

And if they do call how do I get enough information to report them? [Don't have caller ID.]

[bobcat79]

10:39 AM on 02/21/2012

So does this mean our Big Brother will lash out some legislation to protect me from TV commercials? After all, these are eating up my cable minutes and are unsolicitated!

While I agree it is annoying to get these calls, there are plenty of ways to currently opt out of unwanted telemarketing. The only effect on freedom this bill provides is the restriction thereof to free commerce and advertisement. Another rule equals another step to Socialism in my book.

[Susan of Wales]

12:01 PM on 02/25/2012

Bobcat, I am sick of these calls. Please advise me how to opt out of these calls. I am already on the "Do Not Call" list.

Thanks.

Good point about the TV ads!

[LuLou Murder]

08:31 PM on 02/16/2012

Until and unless you're going to close the loopholes that allow for nonstop political robocalls, this is worthless.

[loki]

07:03 PM on 02/16/2012

I'm on the Missouri and National no call list but still get calls. The latest is from American Alarms, and they just wont give up, so I reported them. I also get them from marketers from banks, credit cards and the dreaded calls from collection agencies looking for people I have never heard of. But lately I discovered a way to get them all to hang up, and eventually stop calling. When they say " this call may be recorded for training purposes" I reply, so may yours. They freak out, ask if I am recording them. I say " Someone may be" and they hang up. Do that a few times to them and the eventually stop calling. You dont even have to record anything ( but sometimes I do just for my own memory retention device if its important) I still report them though.

[retie133]

06:22 PM on 02/16/2012

I find the robocalls of politicians and their campaigns to be the worst of all and should also be added to the list.Political adds on the T.V are bad enough.

[woody7]

02:14 PM on 02/16/2012

Does that include Politics, banks, religious organizations?

[PenguinLinux]

12:06 PM on 02/16/2012

Watch out for the fine print in anything you sign....but more so now since this too will be added to it.

[Mools]

11:46 AM on 02/16/2012

Doesn't go far enough as far as I'm concerned. I'm on the do not call list and seem to get more telemarketer calls than ever. So clearly the rules aren't working. I hope this new change DOES put an end to the annoying robocalls, but those are often quite easy to recognize with basic call display. But I don't want anyone I don't know calling me trying to sell me something.

I don't care who they are or what they do. That includes political parties AND people I've done business with. If I want do support or donate to a politician I will. But if I'm on a do not call list, that includes YOU politicians. I don't want you calling me every bloody day during an election asking for support or surveying me on issues, etc. And just because I have an account with a certain bank does NOT give them the right to use my banking information to call me at home and try to sell me some new "service". That is total and complete BS. But I get calls ALL THE TIME from these things even though I tell them not to call anymore.

Sorry, but until this "Do Not Call" list literally means DO NOT CALL ME and includes anyone and everyone trying to sell something, it is a sham. There will always be people looking for a way around it and more and more telemarketers calling due to loopholes.

[bosd]

02:47 PM on 02/16/2012

This will at least give the FCC more authority to go after those who break the laws. well one hopes...lol.

When the FCC instituted rules on slamming, companies still tried to get away with it until the FCC started to enforce their $1 Million/per violatioin rule, lol. People still try because they can litigate it to death, but more companies have stopped doing so in the long run.

[MrsStrict]

06:49 PM on 02/16/2012

I agree with you. Every time I get a call I immediately file a complaint with the FCC. It will be interesting to see if this helps.