Some nonemergency calls to cellphones using an artificial or prerecorded voice require prior consent. Telemarketing generally carries stricter written-consent requirements, but exemptions, call purpose, and the consumer’s relationship with the caller matter.
Recorded voice and live sales calls are treated differently
The federal restrictions expressly cover artificial or prerecorded voices, even when the call was not placed using an automatic telephone dialing system. The FCC has also confirmed that voice-generation technologies fall within the artificial-voice category.
Not every recording is automatically unlawful
Emergency calls, calls made with the required consent, and certain exempted informational communications may be treated differently. The identity of the caller, whether the message markets a product, how the number was obtained, and whether consent was later revoked can all change the analysis.
Never delete the original voicemail
- Keep the original audio file whenever possible.
- Save the number, date, and time shown with the voicemail.
- Preserve the complete recording rather than an edited clip.
- Write down the company, product, callback number, and website.
- Keep any transcript as a separate working copy.
- Save consent records and earlier opt-out requests.