Voice Broadcasting Laws

on Dec 14, 2009   ·   Voice Broadcasting   ·   1 comment

Voice Broadcasting Laws

We/I are not attorneys and this article is not meant as legal advice. This article is simply a opinion piece and is not legal advice. You should seek the services of a lawyer for legal advice on voice broadcasting.

Recently the FTC changed the TSR (telemarketing sales rule) regarding pre recorded messages restricting a lot of voice broadcasting. This was a response to the high number of complaints of voice broadcasting abuse and illegal activities taking place.

Voice Broadcasting Laws

Voice Broadcasting Laws

Click here for the FTC website and details

Basically the changes say that you cannot call a residence with a pre recorded phone call without previous consent from the call recipient. Here is a summary of the new laws:

  • Prohibit prerecorded telemarketing sales calls, unless the caller has previously received the call recipient’s signed, written agreement or Esign compliant agreement to receive pre recorded phone calls.
  • Exempt health care related pre-recorded phone calls that are subject to HIPAA.
  • Exempt all charitable solicitation calls to previous donors, but require that such calls include a quick opt-out option.
  • End the FTC’s current policy not enforcing TSR rules regarding voice broadcasting.
  • Permit sellers, to voice broadcast to existing or previous customer for a year without written or E-sign compliant agreements.

A few things not restricted by the new laws are:

1. Business to Business Broadcasting

2. Informational Only Calls

3. Political Calls

3. Non Profit Calls to donors or members

5. Banks, Health Insurance companies, and others are partially exempt.

Also there is some different made between calls within a state (intra state) and state to state calls (inter state).

So this past Septembers new rules have changed the industry but many forms of legitimate & legal voice broadcasting are still allowed.

Once again we are not attorneys and cannot give legal advice on this matter, but if you have questions about voice broadcasting please give us a call or visit our voice broadcasting page.