Yes

By contrast, if it’s possible that a prerecorded telemarketing call may be picked up by an answering machine or voice mail service, the message must disclose at the outset a toll-free number that, when called, connects the caller directly to the same type of voice-or-keypress-activated interactive opt-out mechanism that will add the number called to the seller’s Do Not Call list. The opt-out mechanism provided must:

• be accessible at any time throughout the telepaign, including non-business hours;
• automatically add the call recipient’s number to the seller’s entity-specific Do Not Call list; and
• immediately thereafter disconnect the call.

Both would be required whenever a seller or telemarketer cannot be certain that no consumer will answer the call in person.

May the opt-out mechanism transfer an opt-out request to an operator or sales representative? No, the opt-out provision specifies that the mechanism must automatically add the number called to the seller’s entity-specific Do Not Call list. This means the mechanism must work in a way that does not require human intervention. The additional requirement that the opt-out mechanism once invoked, immediately disconnect the call after adding the call recipient’s telephone number to the seller’s Do Not Call list bars the intervention of an operator or sales representative. [Read more…]