Prerecorded Message on an Abandoned Call vs Prerecorded Message Campaigns
FCC TCPA Federal Regulations: Avoid abandoning your telemarketing calls by understanding the regulations. Know the difference between a prerecorded opt-out message, which should be attached to an abandoned call and an outbound prerecorded call that is sent for telemarketing purposes. These are often confused with one another, and it is important you know the difference.
What Is an Abandoned Call Under Federal Law?
During an outbound telemarketing sales call, a call is abandoned if it is not connected to a live sales representative within 2 seconds after the called party answers under Federal Law.
TCPA Abandonment Rate Requirements
Under Federal Law a call that meets the definition of ‘telemarketing’ may not, “Abandon more than three percent of all telemarketing calls that are answered live by a person, as measured over a 30-day period for a single calling campaign. If a single calling campaign exceeds a 30-day period, the abandonment rate shall be calculated separately for each successive 30-day period or portion thereof that such calling campaign continues.” (note state laws may vary) 47 CFR 64.1200(a)(7)
Required Prerecorded Message Content on Abandoned Calls
To minimize abandoning calls, follow the TCPA regulations, which require telemarketers to play a prerecorded message after 2 seconds which states/provides:
- The call was for telemarketing purposes
- The name of the business/individual making the call
- A telephone number for the business/individual that allows the called party to make a do-not-call request during normal business hours
- An option to opt-out of receiving calls
Requirements for Opt-Out Mechanisms
The mechanism for making a do-not-call request must be in an automated, interactive voice or key press form, and allow the called party to make the request prior to ending the call. The instructions on how to use the mechanism must be clear, and the mechanism should be equipped to automatically add the phone number to the do-not-call list and then terminate the call.
Don't Confuse Disclosures with Prerecorded Sales Messages
Do not confuse this prerecorded message on abandoned calls, which is a requirement under this rule, and is limited to making disclosures about an abandoned call, including a means to opt-out, with an outbound artificial or prerecorded voice call that delivers an advertisement or is selling a product or a service.
Stay Compliant with TCPA: Access Tools That Keep You Up-to-Date
We support compliance with the FCC TCPA regulations and you can obtain access to our tools by subscribing to our comprehensive Compliance Guide, which is always up-to-date to keep you informed of the latest dialing laws and regulatory changes. It is also accessible anytime and available on your desktop or mobile devices.