New FCC rules about robocalls. Yay! Hope they can enforce them.

I am just learning about these rules that apparently went into effect in October.

New FCC Regulations to Take Effect Regarding Telemarketing Robocalls

On October 16, 2013, revised rules adding further restrictions on telemarketing “robocalls” (telemarketing calls or texts that are autodialed or prerecorded) take effect. The Federal Communications Commission (FCC) promulgated the rules pursuant to its authority under the Telephone Consumer Protection Act of 1991 (TCPA). The FCC announced the revisions in 2012 in an effort to provide greater protection for consumers against unwanted robocalls.1 Live operator calls are not subject to the new regulations.

There are two major revisions set to take effect that will most significantly affect compliance measures:

Prior express written consent from the consumer is required for all autodialed and prerecorded telemarketing calls to wireless and residential lines; and

Having an “established business relationship” with the consumer is no longer an exemption from the obligation to obtain prior consent.

Prior Express Consent Must Be Written

The FCC rules currently require that a caller have a consumer’s “prior express consent” before making autodialed and prerecorded telemarketing calls to residential phone numbers and telemarketing or any other autodialed and prerecorded calls to wireless numbers. The new rules effective this month require that this consent be in written form. Non-telemarketing, informational calls remain subject to the existing standard, which does not require that the prior consent be in writing. 2 The test of whether an autodialed or prerecorded telemarketing call is intended for telemarketing, and is therefore subject to the written consent requirement, is whether the call offers property, goods or services for sale. The test is applied on a case-by-case basis and the answer depends, not on the caller’s characterization of the call, but on the objective purpose of the message conveyed.

That sounds like those making the robocalls still have the upper hand.

Consumers' Union sent an email in which 3 main new good things are listed.

New rules that just went into effect from the FCC will put you in better control over who can call you, on both your landline and your wireless device.

Among your new rights:

• A telemarketer will have to get your written consent to receive a call or message. You can give your OK for them to call through paper or electronic means – web forms, a telephone keypress, or email.

• Robocalls to your home landline are no longer allowed based solely on an ‘established business relationship’ with you. Simply buying a product, or contacting a business with a question, no longer gives them permission to call you.

• Telemarketers who call will now have to let you immediately opt out of receiving additional calls through an automated menu.

It's a start. I have had 3 robocalls today, and all 3 offered an opt out from getting their calls.
Hope it works.

Hard to find much about the rules. Here is one article.

New FCC Rules Require Consent For Automated Telephone ‘Robocalls’

New FCC rules now require businesses to get your consent – written or electronic – before making those pre-recorded calls or sending that telemarketing text.

“It used to be when you provided your number to an entity that, in effect, means that you consent to receive automated communication from them,” said Lemberg.

If companies can’t prove they have your consent, you can sue for up to $1,500 per call or text.

Wonder how those rules will affect political robocalls?