Sep 19, 2010
I get this call frequently too and it will not stop but I found the below on the FTC website so I wish they would stop. I never signed anything: http://www.ftc.gov/bcp/edu/pubs/business/marketing/bus27.shtm
The Written Agreement Requirement
As of September 1, 2009, calls delivering a prerecorded message may be placed only to individuals who have provided the seller with a signed, written agreement to receive such calls. Thus, prerecorded message calls are prohibited if the seller does not possess a written agreement from the individual to whom such a call is placed to receive such calls. As of September 1, 2009, the existence of an “established business relationship” no longer provides an adequate basis for placing any covered call that delivers a prerecorded message.
The Rule requires that the seller have a written agreement with the called party for all calls delivering prerecorded messages, with the two exceptions discussed, below. The written agreement is required regardless of whether the number called is on the National Do Not Call Registry. Nor does it matter whether a call delivering a prerecorded message is answered “live” by a person or by an answering machine or voicemail service. In all cases, the seller must have the call recipient’s prior written agreement to receive prerecorded message calls at the number called.
What must the written agreement contain?
A written agreement need only contain: (1) unambiguous evidence that a call recipient is willing to receive telephone calls that deliver a prerecorded message by or on behalf of a specific seller; (2) the telephone number to which such messages may be delivered; and (3) the call recipient’s signature. Although no particular form or language is required, an acceptable model is provided below that sellers are free to use.
I would like to receive telephone calls that deliver prerecorded messages
from [ABC Co.] that provide special sales offers such as ____________
_________________at this telephone number: (_____)____________.
Yes No
________[Signature]________