The “Six-Minute Law”: Limiting Wait Times for Human Telephone Response

The “Six-Minute Rule” and its Limitations on Waiting Time

The “Six-Minute Rule” refers to Amendment No. 57 to the Consumer Protection Law (Section 18b(a1)(3)), which came into effect in July 2019. This amendment, among other provisions, limits customer waiting time to 6 minutes.

The amendment limits waiting time to 6 minutes and prohibits directing the consumer to a voicemail service unless the consumer chooses that option. However, the 6-minute rule does not apply to businesses subject to shorter waiting times under other laws or holding specific licenses (Section 18b(a1)(6) of the Law).

The 6-minute limit does not apply to all consumer inquiries with relevant businesses, but only to the following issues (Section 18b(a1)(3) of the Law):

1. Troubleshooting
2. Account clarification
3. Contract termination

The Predecessor to the Six-Minute Rule: The Three-Minute Rule

Prior to Amendment 57, the “Three-Minute Rule,” or its official name: Section 1 of the Consumer Protection (Telephone Service Provision) Regulations, 5772-2012, was in effect.

The Three-Minute Rule stipulated that a consumer would receive a human response within a maximum of 3 minutes. If the expected waiting time was longer, the business had 2 minutes to play a recorded message informing the consumer that the waiting time was expected to be longer than usual, and offer two options: (1) leave a message and be called back within 3 hours; or (2) continue to wait on the line.

However, the Three-Minute Rule had shortcomings and failed to address key issues. For example, what happens to the timer during the playback of the recorded message, or if the consumer chooses to continue waiting? Does the timer continue to run continuously? Does it reset when the consumer chooses to stay on the line, making the moment of choice the equivalent of the moment of dialing?

This legislative deficiency led many businesses to automatically play a recorded message stating that the waiting time was expected to be longer than usual, whether true or not. Furthermore, businesses stopped or reset the 3-minute timer whenever the recorded message was played. This resulted in missed return calls, increased consumer complaints, low deterrence, and weak enforcement.

To provide a more realistic response to consumers and businesses, the Six-Minute Rule was enacted. The new law establishes a system of “carrot and stick” for businesses: the maximum waiting time was doubled to 6 minutes, but the timer does not stop or reset under any circumstances; neither during peak hours nor when a recorded message is played.

Does the Six-Minute Rule supersede the previous Three-Minute Rule?

No, it coexists with it. In other words, businesses to which the law applies still have 2 minutes from the start of the call to play a recorded message; and all instructions regarding return calls still apply. For example: the return call must still be made within 3 hours according to the details left by the consumer; a consumer who does not answer will receive an SMS informing them of the attempt to reach them, etc.

When does the six-minute countdown begin? From the moment of dialing or the moment of transfer to the requested extension?

The six-minute waiting time, in relation to the three topics listed in the law, begins from the moment of dialing until the moment of human response. Incidentally, the same applies to the 2 minutes for playing the recorded message (from the moment of dialing).

Which businesses are subject to the “Six-Minute Rule”?

The “Six-Minute Rule” applies to the businesses listed in the “Second Appendix” to the Law (according to Section 18b(a1)(3) of the Consumer Protection Law):

1. Landline or mobile telephone services under the Telecommunications Law (such as cellular companies);
2. Radio services under the Telecommunications Law;
3. Cable or satellite broadcasts under the Telecommunications Law;
4. Gas (businesses that are ‘licensed gas suppliers’ as defined in the Liquefied Petroleum Gas Law, 2020; for example: marketers, sellers or suppliers of gas or liquefied petroleum gas; gas transporters; etc.).
5. Electricity (license holders for managing, transmitting or distributing electricity);
6. Water (water suppliers as defined in the Water Law, 1959)
7. Internet;
8. Medicine and Insurance: Businesses that have entered into an ongoing contract with the consumer for medical services not provided by a health fund, nursing home, or medical institution.**

** Ongoing medical services contract: including medical diagnostic procedures; preventive, psychological, or nursing care; medical support; ambulance transport; medical consultation; doctor’s visit; operation of distress button centers; supply of medical equipment/devices.

Two conditions for the applicability of the law to these businesses: (1) their telephone service includes an automatic call routing system; (2) the consumer is contacting them regarding the issues listed in the law.

When does the “Six-Minute Rule” not apply?

1. Inquiry on a topic other than the 3 topics stipulated in the law.
2. Businesses not listed in the Second Appendix to the law. For example, the law does not apply to municipalities, government offices, courts, National Insurance Institute, cannabis centers, health funds, nursing homes, etc.
3. Systemic malfunction: If a consumer contacted the businesses defined in the law to receive a human response, the law will not apply if all the following conditions are met:

• A general systemic malfunction occurred in the supply of goods/services;
• The systemic malfunction occurred at least regionally (including in a specific locality);
• The business notified the consumer via a recorded regional announcement of the malfunction, its area and the expected date of its termination.

What are the consequences for a business that violates the “Six-Minute Rule” and other instructions regarding the manner of telephone response?

Section 22g(a)(47a) of the Consumer Protection Law stipulates that the commissioner may impose a financial penalty on a business for the following violations:

1. Failure to provide free services (if the business has an automatic call routing system);
2. Failure to establish a separate extension for services provided by the business that are not one of the three stipulated by law;
3. Failure to provide a telephone response within 6 minutes on the issues stipulated by law.

The amount of the financial penalty in these cases depends on the nature of the business (updated amounts as of January 2023):

• If the business is a corporation – up to NIS 22,530.
• If the business is a sole proprietorship – up to NIS 7,170.

If the business violated this obligation, the consumer can contact the business itself and file a complaint through the relevant channels.

It should be noted that the above-mentioned obligations do not apply to all businesses, but only to those listed in the Second Appendix.

A consumer who suffered damage due to the waiting time is entitled to file a claim for compensation

Excessive waiting time constitutes a tortious act, and the consumer is entitled to file a claim and demand (also) compensation. However, the law does not stipulate that the consumer will be entitled to compensation without proof of damage. Of course, the consumer is entitled to file a claim for other compensation; it’s simply that the “benefit” of not having to prove damage will not be available to them. In other words: a consumer who wishes to file a consumer claim for violation of the 6-minute obligation is not exempt from proving damage.