The US Federal Communications Commission, counterpart of ACMA, has promulgated new rules under the national Telephone Consumer Protection Act of 1991 to substantially restrict robocalling, ie automated telephone calls with pre-recorded messages ... used by commercial marketers, politicians, advocacy groups and charities. Robocalling has been a feature of debate about strengthening of Australia's Do Not Call (DNC) regime
The FCC's 48 page Report and Order [PDF] requires that prior to initiating a 'robo call' the telemarketer must obtain the consumer's express written consent. That requirement supersedes previous federal robocall regulation, where an "existing business relationship" (equivalent to the very broad prior relationship identified in the Australian regime) with the consumer was sufficient to create an exemption from the national restriction on robocalling.
The calls must offer the consumer an 'opt-out' mechanism that both enables the consumer to quickly end the call (ie not have to wait till the end of the spiel) and facilitates entry on the telemarketer's 'do not call' database.
As with Australia, the rules feature substantial exceptions. Political groups, emergency service bodies, charities, educational entities and other groups initiating "informational calls" (eg notification of an emergency) are still able to legally initiate robocalls to a consumer's landline without express permission. The shift from a landline to mobile phones is reflected in restriction on robocalling to mobiles.
The new US regime is being phased in over the coming year.
