FCC cracks down on robocalls By Gautham Nagesh - 02/15/12 02:58 PM ET The Federal Communications Commission acted Wednesday to protect consumers from unwanted, automatic "robocalls" from telemarketers. The rule changes adopted at Wednesday's open meeting would make it more difficult for telemarketers to disturb consumers, by requiring consent before they can place automated robocalls to a home phone line. A previous exemption to the rule for established business relationships was also eliminated. The rules also require telemarketers to provide consumers with an automated opt-out mechanism so they can stop receiving the calls, and limit the total number of dropped or "dead air" calls a firm can make within each calling campaign. "Too many telemarketers, aided by autodialers and prerecorded messages, have continued to call consumers who don't want to hear from them," said FCC Chairman Julius Genachowski.  "Consumers by the thousands have complained to us, letting us know that they remain unhappy with having their privacy invaded and their time wasted by these unwanted calls." "Today, the FCC is giving American consumers some help to keep a little more peace and serenity in their homes," said Republican Commissioner Robert McDowell.  "We are carrying out Congress' intent to ensure that the FCC's rules regarding telemarketing 'robocalls' are harmonized with those of the Federal Trade Commission. Such an effort makes good sense because there is no reason for industry and consumers to be confused by an array of inconsistent rules." "By requiring prior written consent, consumers will be making an affirmative and definitive choice, whether or not to receive telemarketing robocalls," added Democratic Commissioner Mignon Clyburn.  "However, should consumers change their minds and decide that they no longer want to receive even those calls, they will soon be able to easily opt out at any point during a call through the automated functionality we now require."

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Victor Cuvo, Attorney at Law