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FCC Announces Effective Date for Mobile Phone "Robocall" Written Consent Requirement

By Howard J. Symons and Ernest C. Cooper

The Federal Communications Commission (FCC) has announced October 16, 2013, as the effective date for its new rules requiring companies to obtain prior express written consent from consumers before calling them with prerecorded telemarketing “robocalls” or before using an autodialer to call their wireless numbers with telemarketing messages.

The FCC also announced January 14, 2013, as the effective date for its new rule requiring that prerecorded telemarketing messages must include an automated op-out mechanism. November 15, 2012, was set as the effective date for the new rule matching FCC rules on measurement of the abandoned call rate with changes adopted by the Federal Trade Commission (FTC) in 2008 and requiring the recorded message played for an abandoned call to include an automated opt-out mechanism.

The new rules were adopted by the FCC in an order issued in February 2012 , and reported on in this blog here, but announcement of effective dates had been delayed awaiting approval from the Office of Management and Budget (OMB). For more details on these important dates and requirements see our Mintz Levin Communications Alert here.

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Author

Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is Chair of the firm's Privacy & Cybersecurity Practice, a Certified Information Privacy Professional-US (CIPP-US), and a Certified Information Privacy Professional-Europe (CIPP-E). She works with clients in various industries to develop comprehensive information security programs on the front end, and provides timely counsel when it becomes necessary to respond to a data breach.