Does your marketing plan include sending pre-recorded sales messages to potential customers?  If so, rules just adopted by the Federal Trade Commission could change the way you do business.

Starting on December 1st of this year, any pre-recorded phone message hawking goods or services will require an 'opt-out' selection so that the consumer can easily choose not to receive future messages from the seller.  Beginning on September 1, 2009, pre-recorded sales messages can only be sent to those consumers who have signed a written agreement with the seller to receive them.  These new regulations to the Telemarketing Sales Rule do not affect "informational" calls that are not attempting to sell something.  Pre-recorded calls made on behalf of non-profit charitable institutions must contain the 'opt-out' selection, but are exempt from the written agreement requirement.

The regulations allow consumers to agree to receive such messages by any means recognized by the federal Electronic Signatures in Global and National Commerce Act, so that a traditional signature may not be required.  Companies engaging in telemarketing with pre-recorded messages have a year to develop strategies for getting consumer agreements in place and maintaining proper documentation of those agreements.  To review the FTC's press release for more information on the new rules, go here.

For more information about legislation or litigation involving technology, intellectual property protection of information technology assets or any other Information Technology law issue, contact your Miller Canfield attorney or Kathy Ossian, Leader of our Information Technology Team, or call her direct at 313.496.7644.