HIPAA ordered calls exempted under new Telemarketing rules

by | Dec 11, 2008

Under the new regulation for recorded telemarketing calls the pre recorded health care messages covered under Health Insurance Portability and Accountability act are exempted from its regulation. From now any telemarketing call that delivers a pre-recorded message as telemarketing option should include a quick and easy way to opt-out of receiving future calls except for calls under HIPAA.

The opt-out clause is put forth in favour of consumers who answer the calls personally and for answering machines or voicemail services receive the calls. This amendment to the National Do-Not-Call Registry was received by FTC in August. Under the new regulations there a consumer should have a facility of opting out of message merely pressing a button or pronouncing a word. And after opting out from that do not call list a customer should automatically be added in the DO NOT Call list of the calling seller or fundraiser.

In case, message is left on an answering machine then in that case the message should be provided with a toll-free opt-out number so a consumer can return answer to that telephone call. Calls to generate sales of goods or services and calls placed by telemarketers to solicit charitable donations have come under this regulation, however,    political calls, bona fide market survey calls, and calls made in-house by banks or telephone companies are not under preview of this commission thus are to be  regulated by previous provisions.

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