Q&A — FTC Rule on prerecorded telemarketing calls
What is the rule?
The FTC requires written signed consent from consumers prior to delivering a prerecorded telemarketing message. An interactive opt-out option must be included in the message so that consumers can choose not to receive further messages.
What is a telemarketing message?
A telemarketing message is one that induces a person to purchase, lease, rent goods or services, or solicit a charitable contribution or gathers information for those purposes.
What types of messages are exempt from the rule and do not require prior, written consent and opt-out option?
Messages that do not induce a person to purchase, lease, rent goods or services, or solicit a charitable contribution or gather information for those purposes are exempt.
Examples of message types that are EXEMPT from the rule:- Appointment reminders, recalls, no-shows (healthcare)
- Appointment reminders (non-healthcare)
- Blood drives
- Debt Collection
- Delivery notifications
- Emergency message (storms, security, etc.)
- Preventative care reminders (e.g. Cervical Cancer Screening, Chlamydia Screening, Breast Cancer Screening, Annual Physical, Diabetic Retinal Exam, Immunization, Well child visits)
- Utility outages
- Recall notices (automotive)
- Other non-telemarketing messages
Does HouseCalls have an opt-out feature?
HouseCalls has an opt-out feature that can be added to telemarketing messages.
Q&A — FCC Rule on prerecorded messages to cell phones
What is the rule?
The FCC requires express consent from patients/consumers prior to delivering a prerecorded message to a cell phone.
What is express consent?
Express consent is the patient/consumer's permission to receive prerecorded message calls on his cell phone.
Do our patients have to sign something?
The FCC has not indicated the consent needs to be signed. Of course, a signed consent form is optimal as it gives you distinct proof of the consent. If you choose to get consent in writing, here is some sample language:
As a service to our clients, we provide a courtesy appointment reminder call and possibly other important calls that may be placed using a prerecorded message. By providing your cell phone number, you consent to receiving such calls at this number.
To read the detailed memorandum from West Corporation outlining these federal rules, please click here.
