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As with Email Marketing, Voicemail Marketing Requires Permission Also

Wednesday, May 20, 2009 by Phil Schott

If you haven't heard, in addition to email and SMS marketing, ExactTarget also offers voicemail marketing. 

While I'm well versed in permission practices regarding email, I didn't know too much about how permission applies to voicemail marketing.  So, I attended Vontoo's Permission-Based Voice Marketing Webinar recently to learn more.  I picked up some valuable information I thought was worth sharing.

Just as email marketing is governed by the CAN-SPAM law, voice marketing here in the United States is regulated by the Federal Trade Commission's Telemarketing Sales Rule (TSR).

Today, the TSR stipulates that voicemail marketing messages must have an interactive means to opt out that has to be revealed to the recipient at the beginning of the call—i.e., press * to opt-out at any time.  In addition, the recipient must have the option to opt out at any point during call.

If a recipient opts-out, the marketer must add the recipient's phone number to their Do Not Call list.

If a voicemail marketer leaves a recipient a voicemail they must provide a toll free number for opt out and the process must be automated so that recipient doesn't have to speak with a live person.

Also restricted by the TSR are the days and times that voicemail marketers can contact consumers.  Voicemail marketers are only allowed to make calls from 9am to 9pm local time Monday through Friday and from 9am to 8pm on Saturday and Sunday.

The TSR currently states that voicemail marketers can market to anyone with which they have a business relationship.  Beginning September 1, 2009, voicemail marketers will be required to obtain consent before calling, even those consumers with whom they have a business relationship.

Any call whose purpose is to induce the purchase of a good or service is covered by FTC regulations.

There will still be some calls that can be made without prior consent, including:

  • Informational Change Calls
  • Service Calls
  • Appointment Verifications
  • Reminder Calls
  • Notification Calls
  • Event Announcement Calls
  • Update Calls
B2B calls are not governed by the FTCs rules; however, ExactTarget requires that clients practice permission-based voicemail marketing at all times.

Comments for As with Email Marketing, Voicemail Marketing Requires Permission Also

Wednesday, May 20, 2009 by David Romerstein:
I suggest that, in addition to the TSR, you take a close look at 47 USC 227, the Telecommunications Consumer Protection Act. Paragraph (b)(1)(B) specifically prohibits using automated dialing systems "to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party".

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