Telemarketing Calls That Deliver Prerecorded Messages
In endments to the TSR that directly address the use of prerecorded messages in teleendments, the TSR expressly prohibits outbound telemarketing calls that deliver a prerecorded message unless the seller has obtained the call recipient’s prior signed, written agreement to receive such calls from that seller. The prohibition applies to prerecorded message calls regardless of whether they are answered by a person or by an answering machine or voice mail service. With certain exceptions (explained below), the prohibition applies to all calls that deliver a prerecorded message, regardless of whether the number called is listed on the National Do Not Call Registry. THE PROHIBITION APPLIES TO CALLS THAT DELIVER ANY PRERECORDED MESSAGE, REGARDLESS OF WHETHER THE PRERECORDED MESSAGE IS PLAYED OR SELECTED BY A LIVE OPERATOR.
Moreover, even when the seller has the call recipient’s prior agreement to receive prerecorded message calls, the message must provide an automated interactive opt-out mechanism that is announced and made available at the outset of the message (right after the required prompt disclosures described above). If a call delivering a prerecorded message possibly might be answered “live” by a consumer, the message must include a voice-activated or telephone keypress automated mechanism that will automatically add the number called to the seller’s entity-specific Do Not Call list and then immediately terminate the call. If a call possibly might be picked up by an answering machine, or voicemail service, then the message must include a toll-free number that, when called, will connect a caller to the same automated opt-out mechanism, which must be available “24/7” for the duration of the calling campaign.