To follow up on that, Jonty has some great info on this under, A beginners guide to the Ofcom regulations.
• The consultation suggested that companies using AMD need to factor AMD “false positives” into their abandoned call rate by subtracting AMD calls from the number of calls categorised as being passed to a live operator. AMD ‘calls’ are calls answered by an answer machine and correctly identified as such; these should not be included in the abandoned call rate calculation.
•With regard to AMD, Ofcom has not stated a specific false positive rate. However, in the course of an investigation, the onus will be placed on the user to demonstrate the basis and evidence on which an estimate has been made and would likely require practical testing.
Regards abandoned calls rates
•Abandoned call rates must not exceed 3% of live calls for any 24-hour period for each campaign. Unanswered calls must ring for a minimum of 15 seconds.
•Records must be kept to demonstrate compliance with these requirements.
So I would say in summary that you would need to add the 5 False positives to your abandoned call rate and as long as its below 3% and you can demonstrate compliance with these requirements, you should be fine.
Jason