Under federal law it is illegal to autodial (or deliver prerecorded messages) to a consumer’s wireless number without prior express written consent. Cell Phone Telemarketers are thus required to purchase and scrub against a national wireless number list and a national ported cell number list. Exemptions may apply. Telemarketers are generally still allowed to manually dial cell phones, as long as they follow all other telemarketing rules, such as do not call restrictions. However, there are certain states where telemarketers are prohibited from dialing cell phones unless they meet an exemption to the rule. Those states are listed here. Nonprofit and charitable telemarketing laws are different.
Additionally, make sure you understand Do-Not-Call regulations before starting any telemarketing campaign. Many business owners choose to have a telemarketing attorney perform a telemarketing compliance audit before they start making calls.
For news and recent developments impacting the cell phone telemarketing industry, see our blog at http://www.tcpalegalblog.com/. Businesses should also be aware of the recent TSR amendments made by the FTC. Learn about text marketing here.