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In this week’s Research Assistant Peer meeting, we discussed the pros and cons of leaving voicemail messages. A quick poll revealed that most of our peers prefer not to leave voicemails. Among those who do, the Limited Content Message (LCM) is the overwhelming choice, while no one reported using the Zortman message, though it remains in use industry-wide, particularly with pre-recorded voicemail delivery.

While the CFPB aimed to provide a safe way to leave messages with the LCM, it hasn’t always proven effective. Many argue that the LCM generates callbacks, but often not from the intended party. Some companies choose not to leave voicemails to avoid litigation risks related to third-party disclosure.

What is the best option?

This decision hinges on a company’s risk tolerance. For example, if you have a verified phone number, leaving the LCM might feel secure. Conversely, if the number comes from skip tracing, you might avoid leaving messages. Some companies only leave the LCM if the consumer’s name is on the voicemail recording— these are a few simple ways to limit potential exposure.

Limited Content Message vs. Zortman Message

Many companies use the LCM due to the CFPB’s safe harbor provision under Regulation F. However, some find it burdensome and ineffective. The LCM is considered an “attempt to communicate,” not a communication, which is important when managing call frequency under Regulation F.

Others prefer the Zortman message, believing it increases callback rates. However, the Zortman message counts as a “communication” because it includes the mini-Miranda, meaning companies cannot attempt another communication for seven days after leaving this message.

Use of Pre-recorded or Automated Messages 

Ringless or automated voicemails are popular, but it’s crucial to remember that the Telephone Consumer Protection Act (TCPA) prohibits using artificial or pre-recorded voices to deliver messages without prior express written consent from the called party. Ensure you have the required consent, whether directly or passed through from your clients.

In conclusion, the decision to leave a voicemail message—or not—depends on your risk tolerance and operational practices. Conduct a thorough risk assessment to determine the most effective strategy for your organization.

Documents and Crowdsourced Materials:

• Member Questions: Leaving Voicemail Messages, Know Your Client Resources, Client Data Destruction Requirements, and more…

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• insideARM Weekly Recap – Week of August 19th, 2024

Upcoming Webinars/ Other Announcements:

• RA Compliance Corner: Managing Your Service Providers- Do you really have it all in order? September 25, 2024 at 2PM ET. Register here.
• Important Announcement: All AI Notetaking Bots will be removed from Research Assistant Peer Group Meetings. This is to maintain the confidentiality of our peer members.
• Have topics you want to discuss during the peer call? Please send them to: Sara_Consultant@roundtables.us by Thursday to ensure it makes it on our agenda!