Like most run-of-the-mill consumers, I did a little jig this morning when I read that the FTC would be banning prerecorded sales calls. I don’t care if advances in call-center telephony boost American productivity, picking up the receiver and being confronted with a prerecorded message is annoying.
Sure, there are exceptions, the same exceptions there are for the Do Not Call registry. Charities, political parties, people conducting surveys. Also, interestingly, banks, insurance companies and communications firms (like telephone companies), since they don’t fall under the purview of the FTC.
But, in general, as the Wall Street Journal told me:
Beginning on Sept. 1, 2009, telemarketers can make recorded calls only to consumers who agree in writing to receive them.
And who in their right mind would write a letter to a telemarketer?
Well, as it turns out, when you take the time to read the regulation, you find out that companies can get your permission for prerecorded sales calls electronically. Here’s the passage:
Because it always has been the Commission’s intention to minimize any paperwork cost
or burden on businesses by permitting electronic signatures as evidence of compliance with the
amendment, the Commission has added an identical footnote to the proposed amendment so that
sellers can be assured that written agreements obtained in compliance with E-SIGN will satisfy the requirements of the amendment, such as, for example, agreements obtained via an email or
website form, telephone keypress, or voice recording.
The regulation does go on to say:
Any agreement obtained pursuant to E-SIGN must be sufficient to show that the consumer: (1) received clear and conspicuous disclosure of the consequences of providing the requested consent – i.e., that the consumer will receive future calls that deliver prerecorded messages – and (2) having received this information, agrees unambiguously to receive such calls at a telephone number the consumer designates.
But still: Web site form? You mean those things I routinely check the box for without reading at all?
I don’t want to give the FTC too much grief over a consumer-friendly regulation that I’m sure the telemarketing industry is none-too-thrilled with. Still, it’s not quite as jig-worthy as I first thought.
Barbara!