When would both a voice or keypress activated mechanism and a toll-free number be required?

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.

No, the provision specifies that the opt-out mechanism must “automatically add” the number called to the seller’s entity-specific Do Not Call list.”

May the opt-out mechanism connect to a menu that includes the required opt-out option? No, the opt-out mechanism, once invoked, must “automatically add” the number called to the seller’s entity-specific Do Not Call list, then immediately terminate the call.

If a recipient of a call delivering a prerecorded message calls use a weblink the toll-free number provided in the message, must the call recipient’s number automatically be added to the seller’s internal Do Not Call list? All calls to the toll free number must “connect directly” to an opt-out mechanism that “automatically adds” the number originally called to the seller’s entity-specific Do Not Call list. The provision assumes that the recipient of the prerecorded message call will call back the number provided on the same line on which she received the prerecorded call. As a practical matter, ANI (automatic number identification) may be used to capture the telephone number that calls into the toll-free number. This is the “number called” to which the prerecorded message was delivered.

May the opt-out mechanism require a repeat confirmation of the opt-out request before adding a number to the seller’s Do Not Call list?

Must the toll-free number provided in a prerecorded telemarketing message, regardless of when it receives a return call from a consumer, connect the return call to an automated opt-out mechanism? The TSR specifies that the opt-out mechanism must be “accessible at any time throughout the duration of the telepaign.” This means that both the toll-free number and the opt-out mechanism itself be operational “24/7″ so that regardless of the day or time that a consumer listens to a prerecorded message on his or her answering machine or voice mail service, the consumer, if he or she wishes, can immediately exercise the right to opt-out of future calls.

If a prerecorded teleple, one or two days), how long must the toll-free number provided in the prerecorded message be accessible?The toll-free number must be available for the “duration of the telepaign.” In the case of a short one or two-day campaign, the toll-free number should be available for a reasonable time thereafter to permit consumers to exercise their opt-out rights after listening to the message.