On September 1st, 2009 our fine government put another handcuff on us small business marketers by eliminating almost all use of Automated tele-phone calls. Client utilizing my automated marketing systems have been using automated telephone calls to their existing customers with great offers, coupons and discounts are now left without another cost effective marketing tool that can be used FAST! Automated telephone calls were great to take advantage of an event that recently created a marketing opportunity (think local sports team goes to the playoffs, school was canceled because of weather, etc.). However the mis-use of this tool by a few businesses, many Politicians stumping for votes and charities that called random people (instead of a highly targeted list) repetitively causing “public outrage” according to government officials.

Here’s the real beauty of this new law…they excluded politician and charities…GO FIGURE. In the middle of the worst economic climate for businesses since The Great Depression…our fine elected officials are taking away more of our tools, yet in typical politician fashion not disrupting their ability to annoy the public with their own fund raising calls. I can hardly wait for them to install Obama Care and exclude themselves from the new health care system. Better be careful…they now have that watch dog list. Hope nobody emails the White House on me.

This is reason #98 that you can’t depend on just ONE marketing method. You need a marketing system that uses lots of media and lots of touches. Think of the satellite TV guys who were making a living off of making these calls. Now they are DEAD!!! This is why it’s vital to your ongoing success to use direct mail, telemarketing, TV, radio, Internet and yes even newspaper if you can make money with it. So many clients want to drop everything and have just an online presence…this to will some day be either taxed, have do not email list, etc. You have to continue to look for MORE ways to communicate your MESSAGE and not less.

For your reading enjoyment I am including a the actual Press Release and a great video of some bureaucrat talking about the dis interest of public receiving such calls.

New Rule Prohibiting Unwanted “Robocalls” to Take Effect on September 1

Telemarketers Must Obtain Prior Written Approval from Consumers Who Want to Receive Such Calls

Beginning September 1, 2009, prerecorded commercial telemarketing calls to consumers – commonly known as robocalls – will be prohibited, unless the telemarketer has obtained permission in writing from consumers who want to receive such calls, the Federal Trade Commission announced today.

“American consumers have made it crystal clear that few things annoy them more than the billions of commercial telemarketing robocalls they receive every year,” said Jon Leibowitz, Chairman of the FTC. “Starting September 1, this bombardment of prerecorded pitches, senseless solicitations, and malicious marketing will be illegal. If consumers think they’re being harassed by robocallers, they need to let us know, and we will go after them.”

The new requirement is part of amendments to the agency’s Telemarketing Sales Rule (TSR) that were announced a year ago. After September 1, sellers and telemarketers who transmit prerecorded messages to consumers who have not agreed in writing to accept such messages will face penalties of up to $16,000 per call.

The rule amendments going into effect on September 1 do not prohibit calls that deliver purely “informational” recorded messages – those that notify recipients, for example, that their flight has been canceled, an appliance they ordered will be delivered at a certain time, or that their child’s school opening is delayed. Such calls are not covered by the TSR, as long as they do not attempt to interest consumers in the sale of any goods or services. For the same reason, the rule amendments also do not apply to calls concerning collection of debts where the calls do not seek to promote the sale of any goods or services.

In addition, calls not covered by the TSR – including those from politicians, banks, telephone carriers, and most charitable organizations – are not covered by the new prohibition. The new prohibition on prerecorded messages does not apply to certain healthcare messages. The new rule prohibits telemarketing robocalls to consumers whether or not they previously have done business with the seller.

Under a previous rule that took effect on December 1, 2008, telemarketing robocall messages by businesses covered by the TSR must tell consumers how to opt-out of further calls at the start of the message, and provide an automated opt-out mechanism that is voice or keypress-activated. Prerecorded messages left on answering machines must also provide a toll-free number that connects to the automated opt-out mechanism.

After September 1, consumers who receive prerecorded telemarketing calls but have not agreed to get them should file a complaint with the Commission, either on the donotcall.gov Web site or by calling 1-888-382-1222.

The Commission’s 2008 press release announcing the changes to the TSR’s prerecorded telemarketing provisions and a link to the related Federal Register notice can be found on the FTC’s Web site at:http://www2.ftc.gov/opa/2008/08/tsr.shtm.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.