The FCC’s February 2012 telemarketing sales rule takes effect tomorrow, requiring telemarketers to have “prior express written consent” before using autodialers to engage in telemarketing.  The February 2012 rule requires telemarketers making autodialed or prerecorded calls to consumer landline or wireless numbers to obtain prior express written consent, thus eliminating the “established business relationship” exception that allowed telemarketers to make autodialed telemarketing calls to customers.  The FCC’s regulation require: (1) an agreement, in writing, bearing the signature of the person called; (2) clear and conspicuous disclosure informing the called party that they are allowing the seller to deliver telemarketing messages using an automatic telephone dialing system or an artificial/prerecorded voice; (3) the calls are made to the number provided; and (4) the person is not required to give consent as a condition of purchasing any property, goods, or services.  The telemarketer will also need to maintain records proving that the required written consent was procured. Reminder to readers:  the telemarketing sales rule taking effect applies to telemarking calls and/or so-called “dual purpose” calls that include a telemarketing component.