The opt-out mechanism must remain available throughout the duration of the call
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). (más…)