Avatar telemarketing law is a quickly changing regulatory environment. New FTC avatar laws took effect in 2017, treating avatar telemarketing more like traditional robocall. The new avatar telemarketing rules include a consent requirement for marketing avatar calls, except for certain exempt entities and calls, such as political calls, for example. Violations of avatar telemarketing laws can result in fines over $40,000 per call.
Avatar or "soundboard" technology uses a combination of live agents and prerecorded snippets. The live agent listens to one or more calls and plays short snippets prerecorded by American voice talents. This normally results in a live, dynamic conversation between the agent and the call recipient. Soundboard calls are not illegal, just as other robocalls are not illegal - they are merely subject to certain behavioral rules. For example, companies can still use soundboard technology to make marketing calls with consent, or non-marketing calls to landlines. Non-profit entities, such as bona fide charities who are not subject to the TSR, may still use such technology to solicit donations and otherwise. Political calls are also generally exempt as long as the calls do not become "telemarketing."
In order to fully understand if your avatar telemarketing campaign is compliant, contact a telemarketing attorney. It’s important to understand all aspects of telemarketing compliance, including avatar telemarketing law.
Companies that want to use avatar technology should also ensure compliance with state and federal telemarketing rules. Some examples are state licensing and bonding requirements, DNC lists, disclosure and scripting rules, telemarketing to cell phones, autodialer laws, etc.
Avatar Telemarketing Law
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