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Since the end of 2023, several new regulations have restricted the once-unlimited scope of voice broadcasts, also known as robocalls.
For those of us in the business of robocalls – either using them for our marketing efforts or providing them as a service – this has opened a whole new series of checks we must now maintain unless we want to face some eye-watering fines.
And they are eye-watering indeed. The most considerable fines range from $120 to $225 million!
So, what do we have to keep an eye out for?
New regulations for robocalls 2024
Broadly, as defined by the FCC, the TCPA, the TRACED Act, and other regulations, a ‘robocall’ is any phone call in which a pre-recorded voice message tries to sell something to the consumer without the consumer’s explicit consent.
To this, several new restrictions have been added –
- A new regulation was added in December 2023, explicitly prohibiting sellers from calling contacts they purchased from another source.
According to the FCC, it is “unequivocally clear that comparison shopping websites and lead generators must obtain consumer consent to receive robocalls and robotexts one seller at a time—rather than have a single consent apply to multiple telemarketers at once.”
The new regulations require every seller to call only contacts from whom they have personally collected consent, making it illegal to call contacts acquired from another company.
- In February 2024, the FCC changed the opt-out rules for robocalls, requiring sellers to not only provide opt-outs easily but also ensure they occur within a set time frame.
Specifically, the FCC demanded that sellers ensure consent can be revoked in any reasonable manner. It also requires sellers to honor do-not-call and consent revocation requests within ten business days. Further, sellers must send ONLY one text message confirming a consumer’s request.
- The third significant change is that the new regulation, which has been proposed in August 2024, seeks to regulate AI-generated robocalls while banning AI-generated ‘fake’ robocalls outright.
The FCC would require all businesses to declare their usage of AI-powered voice broadcasts upfront and would not allow AI-generated ‘fake’ voices.
Voice broadcasts were initially successful since they targeted fixed-line phones. You could call landlines (and you still can) more flexibly than mobile phones and leave a message.
However, since most customers nowadays respond best through mobile phones, the scope of voice broadcasts remains entirely within your contact list. As long as you have a clean list and consenting customers, a voice broadcast will still give you the same bang for your buck.
As Swami, Head of Engineering at CallHub, notes, “Among our business customers, voice broadcasts remain steady for those who ensure they have a clean contact list that is refreshed regularly – instead of using older lists. Since voice broadcasts are one-way communication and only about 30 seconds long, a sale depends entirely on whether the customer wants what you offer.”
And as studies have shown – customers do want your offers and discounts. They just want to consent to it first.
Robocalls: Checks you need to have in place as a manager in 2024
Considering the multi-million dollar fines being imposed and the fact that bad-faith actors are constantly seeking to file frivolous lawsuits (even when everything is according to the rules), as a manager overseeing a voice broadcast campaign, you must make sure you have the following checks in place from 2024.
You have explicit consent: Clean your lists and remove all purchased contacts from lead generators or third-party vendors where the contact has not given you personal and explicit consent to receive your calls. Make sure you double-check.
Pro tip: If you can’t clean up your list in time for a campaign, then make sure you use the power of automation. Check for tags associated with the contacts and have a system that prevents calls to those tagged as ‘no consent.’
In CallHub, you can create an automated Workflow that pulls all your contacts, checks for the tag, and makes calls only to those who follow that condition.
Ensure calls identify you upfront: Ensure all pre-recorded calls identify your business and the purpose of the call upfront. You must also identify if the pre-recorded message has been generated using AI.
Opt-out must be accessible: All contacts must be able to request removal from your list just once and have their names removed immediately. Let’s not push that 10-day barrier.
Robocalls: How your voice broadcasting tools must support your efforts
“Using technology, we can provide a lot of support for sure,” Swami says, “but it depends on the willingness of the customer to listen to your broadcast.”
Swami, who has nearly two decades of experience in this field, observes that the future of voice broadcasts will be tied to real-world efforts.
He suggests an omnichannel approach:
- Use text broadcasts to get consent and sign up customers who have interacted with you at the store or online.
- Send them quick offers or discounts using regular voice broadcasts.
- Keep a team ready to run a call center for more extended conversations.
- Run peer-to-peer texting for two-way chats with customers.
Now, while you must make checks on your end, your software should also support your efforts. Here are two critical features you should make sure your marketing efforts are backed up by:
- Accurate Do Not Call (DNC) lists: Your voice broadcast tool must ensure that the contacts you import are cross-checked with accurate DNC lists, and contacts that should not be there are omitted from your campaigns automatically.
In CallHub, we also skip known litigators (optional) so you don’t accidentally call someone who will file a harassment case against you. We also provide you with the option to skip all mobile phones and only dial landlines (which have significantly lower regulations).
- Automated follow-ups: Since many of your voice broadcasts may not be delivered or heard, your tools must provide additional follow-up options, like sending a text to those who didn’t answer, adding that number to a Workflow for a callback, or changing the message if an answering machine answers the call.
Please note: These are in addition to checks already in place, such as time-zone-linked schedulers, a Spam Label Shield, and easy deliverability.
The 2024 trend of new laws and ever-increasing demands of consent verification means voice broadcasting, like most phone calls nowadays, will only continue to be made to someone already expecting them.
So, what does this mean for the future of voice broadcasting in marketing?
As CallHub CEO Augustus Franklin says, “Businesses must now see voice broadcasting as a cost-effective way to deliver quick updates to tens of thousands of customers, rather than a mainstay of cold-calling or marketing efforts. It will eventually become a niche product within a whole bouquet of outreach methods.”
“Use it to offer discounts and during emergencies,” Augustus adds. “Talk to them one-on-one to make your sales.”
Featured Representative Image Source: Pixabay
