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.
This rule mandated that consumers receive a human response within three minutes. If a longer wait was anticipated, businesses had two minutes to play a recorded message informing the consumer and offering two options: (1) leave a message with a callback within three hours, or (2) remain on hold.
However, the Three-Minute Rule had shortcomings, failing to address crucial questions such as how the timer functioned during the recorded message or if the consumer chose to remain on hold. Did the timer continue running continuously? Did it reset when the consumer opted to stay on the line?
This legislative gap led many businesses to automatically play a recorded message about extended wait times, regardless of accuracy. Businesses also frequently paused or reset the three-minute timer after the recorded message played. This, coupled with missed return calls, increased consumer complaints, low deterrence, and weak enforcement.
The Six-Minute Rule was introduced to provide a more practical solution. It doubled the maximum wait time to six minutes, but the timer does not stop or reset under any circumstance, whether due to high call volume or recorded message playback.
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).
Which businesses are subject to the Six-Minute Rule?
The Six-Minute Rule applies to businesses listed in the “Second Appendix” to the Law (according to Section 18b(a1)(3) of the Consumer Protection Law):
- Landline or mobile telephone services under the Communications Law (e.g., cellular companies);
- Radio services under the Communications Law;
- Cable or satellite broadcasting under the Communications Law;
- Gas (businesses holding a “gas supplier license” as defined in the Liquefied Petroleum Gas Law, 2020; e.g., gas marketers, sellers, or suppliers; gas transporters; etc.);
- Electricity (license holders for system management, transmission, or distribution of electricity);
- Water (water suppliers as defined in the Water Law, 1959);
- Internet;
- Medicine and insurance: businesses with ongoing contracts for medical services not provided by 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.
Consumers suffering harm due to excessive wait times may file a claim for damages
Excessive wait times constitute a tortious act, allowing consumers to file a claim and seek (also) damages. However, the law does not stipulate that consumers are entitled to damages without proof of harm. Consumers are free to pursue other damage claims; however, they will not benefit from the “relief” of not having to prove damages. In short, consumers wishing to file a consumer claim for violation of the six-minute rule are not exempt from proving harm.
