Avoiding liability when telemarketing

Answered by:

Question:

Until the FCC determines how to interpret the statutory language defining an "automatic telephone dialing system" (ATDS), what precautionary measures can my institution take to mitigate the risk of litigation?

Answer:

Businesses that utilize telemarketing or text messages for advertising and promotions should pay close attention to the level of human intervention used in making these communications, as this continues to be an important consideration in determining whether a device is an ATDS. Businesses should also ensure that any consumer receiving these communications has given prior express consent, and anyone who has given prior consent is also given reasonable means to revoke.

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