{
  "id": "OPS-214",
  "slug": "ops-214",
  "title": "Telemarketing consent taken by phone must retain the recording of both halves",
  "statement": "Where the Telemarketing Sales Rule applies and consent was spoken, a recording of both the request and the consent given must be retained, making the purpose clear.",
  "rationale": "A recording that starts at \"do you agree?\" preserves the answer and loses the question, which is the half the FTC actually cares about — it is where the purpose is stated and where a leading or truncated ask would show. Contact centres cut it this way because the recording is triggered by the consent step rather than covering the disclosure that precedes it.",
  "layer": "OPERATIONAL",
  "layerSlug": "operational",
  "object": "campaign.message_flow",
  "severity": "BLOCKING",
  "detectability": [
    "AI_FORM"
  ],
  "failureClass": "TERMINAL_EVIDENCE",
  "authorities": [
    "FTC"
  ],
  "applicability": {
    "consentMethods": [
      "verbal_live",
      "verbal_ivr"
    ],
    "useCases": [
      "MARKETING",
      "MIXED",
      "SWEEPSTAKE",
      "LOW_VOLUME"
    ]
  },
  "applicabilityText": "Applies when consent was collected by live verbal and IVR, and the use case is MARKETING, MIXED, SWEEPSTAKE and LOW_VOLUME.",
  "universal": false,
  "remediation": "Record the disclosure and the answer as one continuous recording, and retain it against the consumer record. Done when playing a single recording gives you the purpose, the ask and the agreement without a second file.",
  "example": "Verbal marketing opt-ins retain one recording per consent covering the full disclosure and the consumer's answer, indexed by call UCID.",
  "pitfalls": [
    "Starting the recording at the consent question is the common configuration and it is the failure: the purpose is stated in the sentence before it."
  ],
  "notes": "Where recording is not possible — the consumer declines, or an all-party-consent state applies — OPS-239 describes the fallback the programme must have instead. This rule is about what is retained, not about whether a recording satisfies the written-consent standard, which is CON-156.",
  "phase": "approval",
  "automated": true,
  "url": "https://ekas.io/rules/10dlc/operational/ops-214/",
  "markdown": "https://ekas.io/rules/10dlc/operational/ops-214.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}