How to Comply with the FTC's Telemarketing Sales Rule

The Federal Trade Commission's Telemarketing Sales Rule puts consumers in charge of how they want to receive telemarketing communications. Beginning Sept. 1, 2009, Federal Trade Commission regulations will require that automated sales communications can only be delivered to recipients who have already provided their express written consent to receive them. Here, Knowledge Center contributor Mark Friedman explains how to create a successful preference and opt-in program for more targeted, effective marketing communications.

In 2008, the Federal Trade Commission (FTC) adopted an amended Telemarketing Sales Rule (TSR) citing consumer protection against unwanted marketing communications. As of Dec. 1, 2008, all prerecorded telemarketing sales calls must provide an automated, interactive opt-out feature for consumers. More significantly, beginning Sept. 1, 2009, automated sales communications can only be delivered to those recipients who have provided their express written consent to receive them.

Having an existing business relationship (EBR) will no longer suffice as sufficient approval for organizations to attempt to sell a good or service via an automated, prerecorded message. The FTC's telemarketing amendment is a unique opportunity for organizations because it combines both critical and strategic issues: the urgency of a time deadline (that is, they must obtain permission by September 1, 2009) and a strategic opportunity that can impact long-term success by enabling more targeted, effective marketing.

The FTC's amended TSR is a game changer. Organizations need to act quickly to maximize the percentage of consumers that they will be able to cost-effectively reach via automated calls to sell their goods and services.

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