Some states have their own local robocall laws, which vary greatly. However, federal robocall law applies in every state. The FTC and FCC interpret and enforce federal robocall law. Federal robocall law is contained in both the FTC’s Telemarketing Sales Rules (TSR) and in the FCC’s Telephone Consumer Protection Act (TCPA). These robocall laws contain restriction on the exact manner in which the robodialing software or hardware may be used. For example:
Unless exempt, a telemarketer may not use a robodialer to send a prerecorded message to a cell phone (consumer or business) or to a consumer’s land line without prior express written consent. “Written consent” may be obtained by email, audio recording, web opt-in, etc., so long as certain procedures are followed per the federal E-Sign Act.
A robodialer may not abandon more than 3% of its calls as measured on a 30-day per campaign basis.
The prerecorded message must contain an automated opt-out mechanism which allows the recipient to make an entity-specific do-not-call request. The mechanism must be interactive voice (IVR) or keypress.
The prerecorded message must truthfully disclose who is responsible for the call and the telemarketing-related purpose of the call.
The prerecorded message must disclose a call-back telephone number which would allow the recipient to call back within normal business hours and make an opt-out request.
|STATE|| Business Entity Registration
|| Individual Salesperson Registration
|District of Coumbia||Required|
STATES WITH “DO NOT CALL LISTS”
STATES WITH NO REGISTRATION OR “DO NOT CALL LISTS”