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Regarding the new FTC robo dial law...would it be illegal for

 
 
 

Customer Question

Regarding the new FTC robo dial law...would it be illegal for us to dial using a automated dialer and asking the person on the other end of the phone to press 1 if they want to hear our message or not...if they press 1, they hear our message and have the option of being connected to a live person to get more info/order. I can't find anything on this subject that says what IS allowed...any clarification would be appreciated!

Submitted: 975 days and 9 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country relating to Question: Florida

Already Tried:
Searching google with no luck.

 
 
 
 
 
 
Posted by LawNinvest 975 days and 9 hours ago.

Expert's Answer

According to the law, no such calls will be permitted without first getting the consent of the consumer to make such calls. In essences the consumer would have to first "opt-in" to get such pre-recordings. The permission must be obtained in writing by the consumer.

Exception is to those pre-recordings that only deliver information; such as appointment reminders, delivery information, school and government calls. Only those calls which aim to sell something are prohibited.


http://www.ftc.gov/opa/2009/08/robocalls.shtm



So since the new law requires written consent by the consumer before you can make these calls, your type of contact would be illegal without pre-consent.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

 
 
 
 
 
 
975 days and 9 hours ago.

Customer Reply

Thank you for this clarification. So what if someone opts in at a website, putting in their name, email and phone...my phone system calls them and says "We just received a request for information from xyz.com from this phone number. To confirm that you made this request, please press 1 now otherwise please hang up or press 0 and you will receive no further calls. Thank you!" THEN if the person presses 1, it delivers the message that they requested. Is this acceptable?

 
 
 
 
 
 

Accepted Answer

That would be acceptable becuase you would have evidence that they "opted-in" through your website and your message was in response to their consent in getting this information. Just make sure you keep records of who consents to get this information.






_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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Expert: LawNinvest
Pos. Feedback: 99.5 %
Accepts: 8086
Answered: 9/21/2009

Lawyer

Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor

 
 
 
 
 
 
975 days and 9 hours ago.

Customer Reply

Thank you so much!

 
 
 
 
 
 
Posted by LawNinvest 975 days and 9 hours ago.

Response From Expert

My pleasure, all the best to you.

 
 
 

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