TCPA and Predictive Dialing Mobile Phone Numbers: Unknown New Regulatory Territory Technology

With the passing of October 16, 2013 came new FCC rules and regulations that have the call center operators that dial consumers’ mobile phone numbers in a quandary.  The FCC Telephone Consumer Protection Act (‘TCPA’) rules mandate prior express written consent from the consumer when the operator uses an call center software with an auto dialer aka predictive dialer to call mobile phones or leave prerecorded messages. These new rules have created uncertainty for call center operators that utilize predictive dialing. There is a lack of clarity in the regulations in regards to the definition of the true meaning of a call center system that has the ability to store and dial mobile telephones. From one interpretation of the law, a system that has the capacity to auto dial a mobile number even though it is not used in auto dial mode is a violation of the law. The call center community believes that the spirit of the law is to not  auto dial mobile numbers without prior written consent and not to mean that a system that has the capacity to auto dial is violation of the law.  In lieu of a formal clarification from the FCC, operators must minimize their risk by either not auto dialing any mobile number or find alternative software solutions that do not have the capacity to auto dial.


Another point of confusion is the definition of what exactly is ‘prior express written consent’?  Written consent can mean E-Signatures via electronic or digital forms of signatures that can be obtained via email, website form, text message, telephone key press or voice recording. The responsibility of maintaining accurate documents falls upon the caller. Note that a recent study found that 85% of webpages that captured contact information failed to meet one or more of the new rules from TCPA. Most often cited is the failure to have ‘clear and conspicuous disclosure’ alerting the consumer that they will received future calls via an automated dialing system. The new requirement does not apply to purely informational or transactional calls or messages, such as sending a link to a website, flight updates, surveys, or bank account fraud alerts.

About Gregg Troyanowski

Gregg Troyanowski is president of Promero, Inc.  Founded in 2001, Promero is a leading customer care –call center software expert.  Promero provides valuable insight to customers when selecting a call center technology platform. Promero supports companies of any size or industry and addresses strategic, operational and technological issues always with the focus of providing a solution that is right for the client’s business.  Promero is an authorized managed service hosting provider and reseller of the world’s best in class solutions including Oracle, Aspect, Interactive Intelligence Vocalcom, Five9, Salesforce, Pipkins, and Riverstar.  Promero’s client list includes companies on Fortune’s Most Admired Companies list.  If your business is considering an application enhancement, replacement or in need of technical support, please contact Promero for a free, no obligation consultation.

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