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Home / Regulatory Environment / US

Regulatory Environment - U.S.

Telemarketing, including the delivery of recorded telephone calls, is regulated at the federal level by the Federal Communications Commission (FCC) through the Telephone Consumer Protection Act (TCPA). In addition many states have enacted specific regulations regarding telemarketing.

Calls using prerecorded voice messages may be made in the following cases:

• To business numbers
• To residential numbers
• For emergency calls needed to ensure the consumer’s
• When consumer has given prior written consent
• For non-commercial calls
• For calls which don’t include unsolicited advertisements
• For calls by, or on behalf of, tax-exempt non-profit organizations
• For calls to consumers with whom you have an established business relationship including collection calls. An established business relationship is limited to a period of up to 18 months from the last payment or transaction, or 3 months from the date of an inquiry or application.

Calls to consumers must:

• State at the beginning, the identity of the business, individual or other entity initiating the call
• Must not be made to certain numbers such as emergency telephone line, patient’s room, paging or cellular service or services for which the recipient would be charged for the call
• Be made between 8 a.m. and 9 p.m. local time (some individual states have more restrictive requirements) bullet Must release the called party’s telephone line within five seconds of the time that the calling system receives notification that the called party’s line has hung up.

Do not call lists for consumers exist in many states. Each state has a unique set of regulations that determine the circumstances under which a call may be made. 2002 changes by the Federal Trade Commission (FTC) to the Telemarketing Sales Rule (TSR) will create a national do not call registry with compliance required by telemarketers and sellers by October 2003.

Additional detailed information is available from your VSII representative and at the following websites: FCC – www.fcc.gov FTC – www.ftc.gov. The Direct Marketing Association – www.the-dma.org

Information contained herein is compiled from several sources. Although every effort is made to remain current, VSII does not warrant the accuracy of data contained herein.