As of September 1, 2009, marketers are now prohibited from delivering prerecorded messages that include a telemarketing message without the called party’s prior written agreement. This new rule governing prerecorded messages is more restrictive than the prior rule and significantly restrains the ability of marketers to communicate with current customers. Under the FTC’s prior rule, a marketer could deliver a prerecorded message to customers with whom the marketer has an established business relationship.1 The FTC’s new rule prohibits a marketer from making any outbound telephone call that delivers a prerecorded message that includes an offer to purchase a good or service unless the marketer has an express written agreement from the recipient of the call to receive prerecorded messages.2 The law sets out rigorous requirements regarding what qualifies as a customer’s agreement to accept prerecorded messages.