How I use Voice Broadcasting

[tolsen48]

Tolsen, we have some pretty strict rules set up here.. but it's maintained the quality of the forum. If you don't want to follow them, don't post here. Turning to insults won't help your case either.

I don't understand why you can't just put a link in your signature instead of having to drop it everywhere. It's self promotion, not matter how you put it.

Here is a direct link to the rules of the forum. Please read them:
http://www.realestatewebmasters.com/thread2092.html

Yes I can see how strict they are or at least on the people who choose to enforce them on. Why is it you keep exaggerating this self promotion issue. You went after me on the first post. I then put in my site name for your benefit to show that I was not promoting what you were thinking I was and in doing so you accused me of self promoting. Why don't you just let it drop and stop justifying your actions? I hate wasting my time defending myself. So peace brother here is an olive branch let it go.

[tolsen48]

Ronnie,

Thanks for pointing this out I had not seen it yet.

I just read the new ruling and this will not effect my method all the options required by the new ruling already exist with the system I use. And I do not use predictive dialer's. Since I personally only use list that are online opt in's meaning they have requested information this makes what I do and how I am doing it as far as I can tell ok. The cell phone is a good question but I am sure if someone opt's in and uses their cell number as the contact number then same rules would apply. Do you have the information on the cell phones?

[RonnieG]

From my reading, online opt-ins are NOT OK for the new recorded telemarketing calling regs, but may be OK only for emails and personal calls. Read the new regs closer. Believe me, if/when I ever get any automated marketing calls, I will be filing complaints with the FTC.

[tolsen48]

# Expressly prohibit telemarketing sales calls that deliver prerecorded messages, whether answered in person by a consumer or by an answering machine or voicemail service, unless the seller has previously obtained the recipient's signed, written agreement to receive such calls;

# Permit sellers to obtain the required permission for prerecorded message sales calls from a consumer in any manner permitted by the Electronic Signatures In Global and National Commerce Act (E-SIGN Act);

Esign Act

(j) INSURANCE AGENTS AND BROKERS.—An insurance agent or
broker acting under the direction of a party that enters into a
contract by means of an electronic record or electronic signature
may not be held liable for any deficiency in the electronic procedures
agreed to by the parties under that contract if—
(1) the agent or broker has not engaged in negligent, reckless,
or intentional tortious conduct;
(2) the agent or broker was not involved in the development
or establishment of such electronic procedures; and
(3) the agent or broker did not deviate from such procedures







II. Congressional Mandate: Study of Section 101(c)(1)(C)(ii)

A. ESIGN's Consumer Consent Provision

On June 30, 2000, Congress enacted ESIGN to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. Careful to preserve the underlying consumer protection laws governing consumers' rights to receive certain information in writing, Congress imposed special requirements on businesses that want to use electronic records or signatures in consumer transactions. Section 101(c)(1) of the Act provides that information required by law to be in writing can be made available electronically to a consumer only if he or she affirmatively consents to receive the information electronically(4)and the business clearly and conspicuously discloses specified information to the consumer before obtaining his or her consent.(5)

Moreover, Section 101(c)(1)(C)(ii) states that a consumer's consent to receive electronic records is valid only if the consumer "consents electronically or confirms his or her consent electronically, in a manner that reasonably demonstrates that the consumer can access information in the electronic form that will be used to provide the information that is the subject of the consent."(6) Section 101(c)(1)(C)(ii) overlays existing state and federal laws requiring that certain information be provided to consumers in writing. It also provides a framework for how businesses can comply with the underlying statutory or regulatory requirement to provide written information to consumers electronically - whether the information is a disclosure, a notice, or a statement of rights and obligations - within the context of a business-to-consumer transaction.

B. The FTC/Commerce Study

In addition to including the consumer consent provision in Section 101(c)(1)(C)(ii), Congress sought an analysis of the impact of the provision on both consumers and businesses. Specifically, Section 105(b) of the Act requires that:

Within 12 months after the date of the enactment of this Act, the Secretary of Commerce and the Federal Trade Commission shall submit a report to Congress evaluating any benefits provided to consumers by the procedure required by section 101(c)(1)(C)(ii); any burdens imposed on electronic commerce by that provision; whether the benefits outweigh the burdens; whether the absence of the procedure required by section 101(c)(1)(C)(ii) would increase the incidence of fraud directed against consumers; and suggesting any revisions to the provision deemed appropriate by the Secretary and the Commission. In conducting this evaluation, the Secretary and the Commission shall solicit comment from the general public, consumer representatives, and electronic commerce businesses.

The National Telecommunications and Information Administration (NTIA), on behalf of the Department of Commerce, and the FTC conducted the study required by Section 105(b). Based on the narrow mandate in Section 105(b), the agencies have focused their study and this Report on Section 101(c)(1)(C)(ii), and did not evaluate any other consumer protection provisions of the Act.

1. Outreach Efforts

To evaluate the technology available to employ the consumer consent provision, and to learn how companies are implementing Section 101(c)(1)(C)(ii), the agencies conducted extensive outreach to the on-line business community, technology developers, consumer groups, law enforcement, and academia. The industry contacts included high-tech companies involved in infrastructure development for electronic contracting and electronic payment systems, as well as business entities that use, or plan to use, electronic records in consumer transactions. All interested parties were encouraged to submit papers and comments on the benefits and burdens of the requirement, and staff did research to identify the types of businesses that are using the Section 101(c)(1)(C)(ii) consumer consent procedures for providing information "in writing" to consumers in electronic formats.