New TCPA Rules for Telemarketers Go Into Effect October 16

On October 16, 2013 new Federal Communications Commission (“FCC”) restrictions on telemarketing calls and text messages become effective. The amendment to the Telephone Consumer Protection Act (“TCPA”) outlines the circumstances under which telemarketers and companies that act “on behalf of” others can contact consumers. There are two significant changes that apply to telemarketing companies that reach consumers via fax, text, pre-recorded or autodialed calls. The TCPA defines the calls made for marketing purposes to include those made by advertisers that offer or market products/services to consumers. The first change is that the new regulations eliminate the exception to the prior consent requirement for existing business relationships. There is no existing business relationship exceptions provided for neither prerecorded calls nor those made using an ATDS.