What You Should Know About the New Rule
The FCC is updating rules about how businesses get consent for telemarketing calls and texts. SmartAsset is proactively ensuring our clients understand and will comply with the updated rule.
What Are the New FCC Consent Rules, and When Do They Take Effect?
The new FCC consent rules, part of an update to the Telephone Consumer Protection Act (TCPA), require businesses to obtain clear, express written consent before making certain telemarketing calls or sending texts to consumers. These rules are specifically aimed at ensuring that consumers have knowingly and willingly agreed to receive telemarketing messages from businesses. Under these rules, certain technologies are restricted for use in telemarketing calls and texts without prior consent. Prohibited technologies include:
- Automatic Telephone Dialing Systems (ATDS)
- Prerecorded Messages and Artificial Voices
These updates help protect consumers from unwanted and invasive telemarketing practices, enhancing privacy and giving consumers more control over their communications with businesses. For more detailed information on the 1:1 consent rule and additional guidelines, click here:
https://www.federalregister.gov/documents/2024/01/26/2023-28832 (pending)
What Constitutes an Automatic Telephone Dialing System (ATDS) or Auto Dialer Under the TCPA?
According to a recent Supreme Court decision and subsequent interpretations, an ATDS, commonly referred to as an auto dialer, is defined by Facebook v. Duguid as a device or system capable of storing or producing numbers using a random or sequential number generator and dialing those numbers. For more details, you can review the Facebook definition of an auto dialer here: https://www.supremecourt.gov/opinions/20pdf/19-511_p86b.pdf
What Happens If I Don’t Respond to the Confirmation Request?
If you do not respond to the email sent to you, but continue using our services, we will consider it an acknowledgment that the provided statement within the email is accurate and applies to your practices. However, we recommend confirming in writing to ensure clarity and compliance.
Why Is SmartAsset Requesting a Confirmation Request?
SmartAsset is committed to maintaining a platform that is fully compliant with all applicable regulatory and legal requirements. By confirming your compliance, you help us ensure our services are used in accordance with the law.
If you have any further questions, please email us at tcpa-replies@smartasset.com.
SmartAsset.com is not intended to provide legal advice, tax advice, accounting advice or financial advice (Other than referring users to third party advisers registered or chartered as fiduciaries (“Adviser(s)”) with a regulatory body in the United States). Content is meant to be informational. SmartAsset is not a lawyer, financial planner, broker, accountant or tax adviser. Accordingly, before making any decisions, you should consider obtaining additional information and advice from your legal or compliance professionals.