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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

Abandonment Rates ( State and Federal )

Jurisdiction

Abandonment Rate

Citation

Federal

TSR

1. A seller or telenarketer must employ technology ensuring abandonment1 of no more then 3% of calls answered by a person, measured per calling campaign2 (if less than 30 days), or separately over each successive 30 day period that the campaign continues.

2. A seller or telemarketer, for each telemarketing call placed, must allow the telephone to ring for at least fifteen (15) seconds or four (4) rings before disconnecting an unanswered call.

3. Whenever a sales representative is not available to speak with the person answering the call within two (2) seconds after the person's completed greeting, the seller or telemarketer must promptly play a recorded message that states the name and telephone number of the seller on whose behalf the call was placed.

4. A seller or telemarketer, in compliance with 16 C.F.R. § 310.4(b)-(d) must retain records establishing compliance with (1) through (3) above.

16 C.F.R. § 310.4(b)(4)(i)


16 C.F.R. § 310.4(b)(4)(ii)


16 C.F.R. § 310.4(b)(4)(iii)


16 C.F.R. § 310.4(b)(4)(iv)

TCPA

1. No person or entity may abandon3 more than 3% of all telemarketing calls answered by a live person, measured per 30 day period.

2. Whenever a sales representative is not available to speak with the person answering the call, that person must receive, within two (2) seconds after the called person's completed greeting, a prerecorded identification message that states only the name and telephone number of the business, entity, or individual on whose behalf the call was placed, and that the call was for "telemarketing purposes."

3. The telephone number so provided must permit any individual to make a do-not-call request during regular business hours for the duration of the telemarketing campaign. The telephone number may not be a 900 number or any other number for which charges exceed local or long distance transmission charges.

4. The seller or telemarketer must maintain records establishing compliance with requirement (1) through (3) above.

47 C.F.R. § 64.1200(a)(6)

States

California

3 % of calls answered per month

Calif. PUC Decision 03-03-038, 2003 Cal. PUC LEXIS 160

Kansas

0% of calls answered

Kan. Stat. § 50-670

Oklahoma

5 % of calls answered, per day, per campaign

15 Okla. Stat. § 775A.4(A)(9)


1 *A call is "abandoned" if a person answers it and the telemarketer does not connect the call to a sales representative within (2) seconds of the person's completed greeting. 16 C.F.R. § 310.4(b)(1)(iv).
2 The FTC has stated in its commentary that the term "campaign" refers to "to the offer of the same good or service for the same seller." 73 Fed. Reg. 51165, 51200 (2008).

The FTC has also stated that:

A telemarketer running simultaneous campaigns (on behalf of the same or different sellers) cannot average the abondonment rates for all campaigns, offsetting for example, a six percent abonment rate for one campaign with a zero percent abondonment rate for another. Each separate campaign is subject to a maximum abondonment rate of three percent measured over the duration of a single calling campaign, if less than 30 days, or separately over each successive 30-day period or portion thereof that the campaign continues.

"Complying with the Telemarketing Sales Rule", available at http://www.ftc.gov/bcp/edu/pubs/business/marketing/bus27.shtm.
3 *A call is "abandoned" if a person answers it and the telemarketer does not connect the call to a sales representative within (2) seconds of the person's completed greeting.

Publish Date: August 26, 2010

 

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