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News Release

For Immediate Release
December 31, 2008

Contact:
Senior Assistant Attorney General Lauren Noether
(603) 271-3643

FTC Amends Telemarketing Sales Rule Regarding Prerecorded Calls

Many consumers who attempt to prevent automated or prerecorded telemarketing sales calls have been frustrated when the recording provides no way to decline these calls in the future. New Hampshire Attorney General Kelly A. Ayotte advises consumers that the Federal Trade Commission has announced two helpful amendments to the Telemarketing Sales Rule (TSR). Telemarketing sales recordings must now offer the option to prevent such future calls. Under the first new rule, a person receiving this type of call will be able to 'press 1' to opt out of receiving future calls. The FTC has mandated that all prerecorded telemarketing sales calls are required to provide some type of automated interactive opt-out mechanism such as that described above.

"This will be extremely beneficial to consumers who wish to stop these calls. In the past it has been difficult for consumers to even identify the telemarketer so that calls can be declined," said Attorney General Ayotte.

"A second amendment will not go into effect until September 1, 2009 but will also be extremely beneficial to consumers," added Ayotte. "After that date telemarketing calls delivering prerecorded messages will be prohibited unless a consumer previously has agreed to accept such calls from the seller. It is important for consumers to consider carefully which businesses they have agreed to, or would like to agree to, accept calls from." Attorney General Ayotte stressed, however, that informational calls, such as service appointment reminders, cancelled flight notifications and health care reminders are not covered because they do not attempt to sell consumer goods or services.

For more information about the prerecorded call amendments are available from the FTC's Web site at: http://www.ftc.gov.


New Hampshire Department of Justice | 33 Capitol Street | Concord, NH | 03301
Telephone: 603-271-3658