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New Consumer Laws 2010

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ROBOCALLS

Federal Trade Commission Telemarketing Sales Rule

Effective Sept. 1, 2009

Background: Consumers report receiving unwanted prerecorded telemarketing calls. Consumers don’t like to receive these prerecorded solicitations.

The new law: Starting September 1, 2009, the FTC’s Telemarketing Sales Rule (TSR) prohibits prerecorded commercial telemarketing calls to consumers – commonly known as robocalls – unless the telemarketer has obtained permission in writing from consumers who want to receive such calls. The new rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller. Sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call.

The TSR does not apply to calls that deliver purely “informational” recorded messages – those that notify recipients, for example, that their flight has been cancelled, an appliance they ordered will be delivered at a certain time, or that their child’s school opening is delayed. In addition, calls from politicians, banks, telephone carriers, and most charitable organizations are not covered by the revised TSR.

May be reprinted for non-commercial use if a credit line is included acknowledging the County of Los Angeles Department of Consumer Affairs.

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For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
Web site: dca.lacounty.gov