A Federal Communications Commission final rule published in February 2012, requiring an automated, interactive opt-out mechanism for both prerecorded telemarketing messages and messages delivered to comply with the rule's call abandonment provisions, becomes effective on January 14, 2013.

According to the rule, the opt-out mechanism must be an automated, interactive voice-activated or key press-activated mechanism, or both, for the consumer to request no further telemarketing calls. The telemarketer must also present instructions on how to opt out within two seconds of the caller's statement of identity at the beginning of the message. If choosing to opt-out, the consumer's number must be automatically added to the seller's do-not-call list.

In addition to the provision requiring telemarketers to provide an opt-out mechanism, a provision requiring prior express written consent to deliver an auto-dialed or prerecorded telemarketing call to a cell phone or landline becomes effective on October 16, 2013.