Pre-Six-Minute Rule: The Three-Minute Law
Prior to Amendment 57, the “Three-Minute Rule,” officially: Section 1 of the Consumer Protection (Telephone Service Provision) Regulations, 5772-2012, was in effect.
Old vs. New: The Six-Minute Rule Explained
The old rule gave consumers three minutes for a human response. If wait times were longer, businesses played a message. They had two minutes to offer options. (1) Leave a message for a callback within three hours. (2) Remain on hold.
Shortcomings of the Three-Minute Rule
The Three-Minute Rule had flaws. How did the timer work during messages? What if consumers stayed on hold? Did it continue, or reset? This legislative gap allowed businesses to exploit it. Many played recorded messages automatically. They paused or reset the timer after the message. This led to more consumer complaints. Deterrence was low, enforcement weak.
The Six-Minute Rule: A Better Solution
The Six-Minute Rule offers a practical solution. It doubled the maximum wait time to six minutes. The timer never stops or resets. This applies to high call volume or recorded messages.
Does the Six-Minute Rule supersede the Three-Minute Rule?
No, it coexists. Businesses subject to the Six-Minute Rule still have two minutes from the start of the call to play a recorded message; provisions regarding return calls remain in effect. For example, return calls must still be made within three hours based on the information provided by the consumer; consumers who do not answer will receive an SMS notification of the attempted contact.
When does the six-minute countdown start? From the initial dial or connection to the desired department?
The six-minute wait time for the three specified topics begins from the moment of dialing until a human response is received. This also applies to the two-minute period for playing the recorded message (from the moment of dialing).
Six-Minute Rule: Businesses That Must Comply
The Six-Minute Rule applies to specific businesses. These are listed in the Law’s “Second Appendix” (Section 18b(a1)(3) of the Consumer Protection Law).
Regulated Industries: Who Is Affected?
This includes landline and mobile phone services. Radio, cable, or satellite broadcasting are covered. Gas businesses with a “gas supplier license” must comply. This means marketers, sellers, and transporters. Electricity license holders for management, transmission, or distribution too. Water suppliers, as defined in the Water Law, are included. Internet providers also fall under this rule.
Medical and Insurance Services: Ongoing Contracts
Medicine and insurance businesses are affected. This applies to ongoing contracts for medical services. But not those from a health fund, clinic, or medical institution.
**Ongoing medical service contracts: including medical diagnostic procedures; preventive, psychological, or geriatric care; medical support; ambulance transport; medical consultation; doctor’s visits; emergency button call centers; supply of medical devices/equipment.
Two conditions must be met for the law to apply: (1) their telephone service includes an automated call routing system; and (2) the consumer is contacting them regarding the issues specified in the law.
When does the Six-Minute Rule not apply?
- Inquiries outside the three specified topics.
- Businesses not listed in the Second Appendix. For example, the law does not apply to municipalities, government offices, courts, national insurance, cannabis centers, health funds, nursing homes, etc.
- Systemic malfunction: If a consumer contacts businesses defined in the law for a human response, the law will not apply if all the following conditions are met:
- A general systemic malfunction in the supply of goods/services occurred;
- The systemic malfunction occurred at least regionally (including in a specific locality);
- The business notified the consumer via a regional recorded message about the malfunction, its area, and the expected end time.
What are the consequences for businesses violating the Six-Minute Rule and other telephone response regulations?
Section 22g(a)(47a) of the Consumer Protection Law allows the commissioner to impose financial penalties for the following violations:
- Failure to provide free services (if the business has an automated call routing system);
- Failure to establish a separate line for services not related to the three specified topics;
- Failure to provide a telephone response within six minutes on the specified topics.
The amount of the financial penalty in these cases depends on the nature of the business (updated amounts as of January 2023):
- For corporations – up to NIS 22,530.
- For individuals – up to NIS 7,170.
If a business violates this obligation, the consumer can contact the business directly and file a complaint through the relevant channels.
Note that the obligations listed above do not apply to all businesses, but only to those listed in the Second Appendix.
Excessive Wait Times: Consumer Claims
Long wait times are a tort. Consumers can file claims for damages.
Proving Harm: No Exemption
The law doesn’t grant damages without proof. Consumers can pursue other claims. But they must prove their damages. Violating the six-minute rule? Proof of harm is still needed.