On Monday, Dec. 1, a new Federal Trade Commission rule went into effect that requires any telemarketing call that delivers a prerecorded message to include a quick and easy way to opt-out of receiving future calls, like pressing a number or saying a word.

And after Sept. 1, 2009, sellers may use prerecorded messages only in calls to consumers who have expressly agreed in writing to receive them. Until then, sellers may use prerecorded messages only in calling consumers with whom they have an “established business relationship.”

Could this be the end to annoying prerecorded calls, like the “Your car warranty is about to expire” calls we wrote about in late July?

Maybe. There are some exceptions. On the plus side, you’ll still be able to get some non-sales automated courtesy calls, like a doctor’s appointment reminder.
On the downside, political robocalls are exempt as they are deemed an exercise of free speech. The rules also do not govern intrastate calls — potentially a huge loophole — or calls made by entities not regulated by the FTC. It’s also unclear how closely the rules will be enforced.

For a discussion of some of the rules’ legal vagaries, check out the Privacy Law Blog of the law firm Proskauer Rose LLP.

For more on the new rules from the FTC, you can go to the FTC Web site.

For now, here’s a look at the the new rules that went into effect this week:
• Prerecorded telemarketing messages are permitted only in limited circumstances — only when the caller has an established business relationship with the consumer being called.
• The opt-out must work both for consumers who answer these calls in person and for those whose answering machines or voicemail services receive the calls.
• Any permitted prerecorded message must provide the called consumer with an interactive means to opt out of receiving future calls from the seller or fundraiser using the prerecorded message.
• The consumer must be able to opt out at any time while the message is playing by pressing a particular number or speaking a particular word.
• Once the consumer has opted out, his or her phone number must be automatically added to the in-house Do Not Call list of the calling seller or fundraiser. Then the call immediately must be disconnected so that the consumer’s line is cleared.