New "Do Not Call" Rules You Should Know

Under the new rule, pre-recorded telemarketing calls to consumers who have not given prior signed, written consent is prohibited, regardless of whether the call is answered by a consumer or an answering machine.  However, the rule does not prohibit the use of pre-recorded messages that are informational in nature, such as calls to confirm previously made appointments or reservations.  Furthermore, all pre-recorded sales calls must contain an automated opt out mechanism at the beginning of the recording.

The FTC is also raising the fee for accessing the "Do Not Call" registry effective October 1, 2009.  The cost for accessing the Registry for a specific area code will increase from $54 to $55, and the cost to obtain the whole Registery will be $15,058.  The new fees are based on changes in the Consumer Price Index (CPI), since the FTC implemented a new law last year tying the access fee cost to the changes in the CPI.