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Jim Beuoy

U.S. PRE-RECORDED MESSAGE RESTRICTIONS

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I’m sure that all of you remember the Telemarketing Sales Rule or TSR that brought us the Do-Not-Call list back in 2003. In case you haven’t already heard the TSR was amended to include additional requirements for pre-recorded messages by sellers of goods and services as well as professional fundraisers.

Effective back on Dec 1, pre-recorded messages from existing business relationship companies and fundraisers must have an immediate opt out that allows the consumers to press a single digit or verbally respond. After such response, the call must be immediately disconnected. Pre-recorded solicitations left on an answering machine just include a toll-free number for the consumer to call to be put on the calling party’s do-not-call list.

Effective Sept 1, 2009, sellers and fundraisers must have express permission to send out pre-recorded messages. In other words, consumers have to opt in to receiving the recorded messages.

Heath care is exempt, so if you have a project that reminds people of appointments or prescription refills and calls along those lines, you can still legally use pre-recorded reminders.

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