Autodialer laws and regulations | TCPA compliant auto dialer

What is Autodialer?

The software that automatically dials numbers is known as a autodialer. Their names suggest that they have the common function of automatically dialing telephone numbers, which (as their name suggests) they can do in a variety of ways. When it is urgent to call or to accommodate a large number of people at the same time, auto dialers are essential.

Based on call analytics, dialers can predict agents are available and even dial new numbers if necessary to increase the chances that the caller will reach a live person instead of voicemail. In spite of its ill reputation, auto dialers are an effective tool for sales, in the hospitality and healthcare sectors, and for emergency situations. SIP trunks are typically used by VoIP auto dialers that work through computers or PBX systems.

Types of Autodialer:

The main types of autodialer are the following:

  1. Preview Dialer

  2. Progressive Dialer

  3. Predictive Dialer

  4. Smart Predictive dialer

  5. Voice Broadcasting

Preview Dialer:

The agent receives the call information before dialing, at which point he or she determines whether or not to dial the call.

Progressive Dialer​:

A progressive dialer is an automated dialing system that prior to dialing the phone number presents the contact information to the sales representatives. The ICTBroadcast progressive dialer only dials the contact when the agent becomes available, places phone calls, and automatically dials the next contact when the agent becomes available again.

Predictive Dialer:

This technique uses various techniques to minimize the time between dialing and further connecting the call to live agents. This technique allows the phone agent to dial several phone numbers at the same time. Once the call is answered, the predictive dialer tries to connect to the agents. However, the recorded messages that are played to the recipient when they answer the call are simple recordings or IVR asking them to press some digit on their phone.

Smart Predictive Dialer:

Performs phone calls, plays recorded messages, and directs the calls to agents only when the called individual requests assistance.

Voice Broadcasting:

It allows you to deliver a message that has been pre-recorded to answering machines and live call answers by humans. If a new call status is mentioned, such as busy, away, etc then the phone systems have the capability to schedule the call for another time and date. Messages that are simple can be delivered to the recipient or an IV script is presented to the recipient that can accept responses from touch gadgets.

Autodialer Laws & Regulations

Several autodialer laws are on the books, and since they are constantly evolving, keeping up with them is important. Fortunately, many of them are clear and easy to understand. As far as non-lawyers are concerned, even the regulations that may be controversial in court are generally straightforward.

The majority of autodialer laws can be divided into two categories:

  1. The Telephone Consumer Protection Act (TCPA)

  2. Telemarketing Sales Rule (TSR), which deals with Do Not Call lists

We list some of the key federal autodialer laws below that are going to affect when you make calls, who you call, and what information you have to share.

  • Hours of the day

  • Calls you can't make

  • Lost and abandoned calls

  • Fraudulent Practices

  • Information Disclosure

  • National Do Not Call Registry

  • Don't call specific entities

  • Messages pre-recorded

  • TSR exceptions

Hours of the Day

You cannot make a call before 8:00 am or after 9:00 pm in the recipient’s time zone. If you're calling from outside your area, you need to pay close attention to that last bit. Therefore, if you live on the east coast, you cannot call anyone in California before 11 am.

Call you can’t make

There is no point in calling a hospital, a physician, 911, or a fire and police agency since they are all emergency lines, according to the Federal Communications Commission.

Lost and abandoned calls

In general, you may not "abandon" more than three percent of the calls you receive. If a customer contact is not connected to a live sales representative within two seconds of the caller's greeting, a call is considered abandoned. You know, that lag you hear whenever you get a marketing call? An abandoned call is considered to be unanswered after two seconds if you don't hear back. I don't want to brag, but Call Logic's zero lag time means you'll never have to worry about dropping calls.

Fraudulent Practices

Federal Trade Commission (FTC) guidelines prohibit fraudulent practices, understandably. In general, you must be honest if someone pays you to provide goods. You must make your products and services "clear and conspicuous" in the details of the transaction before they will pay you. You'll find information such as the total cost, any restrictions, and refund policies. As a reminder, the fine for engaging in these deceptive practices for each violation is $43,280.

Information Disclosure

Before you begin your sales pitch, the Telemarketing Sales Rule (TSR) requires you to give your contact information, the purpose of the call, and a short description of the products you're selling.

National Do Not Call Registry

When calling someone on an anti-telemarketing list (DNC list), there are severe penalties. Fortunately, there's a solution. There are circumstances when the Federal Trade Commission will permit accidental calls. When calling a number on the DNC list, you must follow these steps to protect yourself:

  • Ensure that your written procedures comply with DNC rules.

  • Train your team on the procedures.

  • It is recommended at least every 31 days to keep track of the number of DNC activists. (We are proud to mention that Call Logic offers real-time scrubbing as one of our standard features!)

Don't call specific entities

In addition to the national DNC registry, consumers can also enroll in a DNC entity-specific registry. To put it another way, if a consumer asks you not to contact them, it is imperative that you add them to your DNC list in order to avoid being fined.

Messages pre-recorded

There are a lot of nuances in the laws governing autodialers. Prior written consent is required before leaving a prerecorded message on an answering machine or voicemail service. Additionally, the message must include an "interactive opt-out feature."

It is acceptable to send informational messages so long as the messages are purely informative and do not attempt to sell any services or products.

As you would expect, there are some exemptions. An example of an exemption is being given on calls regarding a prior sale transaction, or reminding clients of upcoming appointment times. Charitable organizations with a charitable mission also qualify for exemptions.

TSR exceptions

It is possible for you to be exempt from the TSR if you sell investments. If your business is not regulated by the Securities and Exchange Commission or the Commodity Futures Trading Commission, then the Securities and Exchange Commission may be the appropriate agency. The TSR may not apply to insurance companies if the state legislates them.

Call Logic is cloud-based, so staying up-to-date with autodialer laws can be accomplished from anywhere, no matter if you are working from the office or at home.

What is the Telephone Consumer Protection Act (TCPA)?

Telephone Consumer Protection Act (TCPA) was passed into law to combat the growth of unwanted telemarketing calls to consumers across the United States. This law, signed in 1991, aims to stop unwanted phone calls, specifically telemarketing, through the use of automated dialing equipment. The law restricts pre-recorded voice messages, robocalls, SMS, and faxes in the course of doing business, especially the use of goods and services for sale.

In order to comply with the law, businesses must strictly follow prescribed solicitation rules without explicit customer consent. Any business that directly communicates with customers should focus on consumer consent since it is a big part of the law.

Telephone Consumer Protection Act Law

You are protected against unwanted pre-recorded telemarketing calls if you subscribe to the Telephone Consumer Protection Act (TCPA). You will not be able to receive autodialed or prerecorded calls or texts on your mobile phone. TCPA rules and regulations came into effect in 1992 under the administration of the Federal Communications Commission (FCC). The TCPA recommends telemarketers should not perform the following actions:

  • After 9 pm, before 8 am.

  • If you have opted out of calls from a particular caller, or if your name is on the Do Not Call list, you cannot receive calls from them.

  • Your home or work is flooded with unwanted fax messages.

  • Make sure an identity and number are displayed on the caller ID.

  • Do not provide any information about themselves, the employee or company they are calling on behalf of, and their contact details.

ICTBroadcast , The TCPA Dialer

It is the responsibility of the Admin to make sure that recipients/customers receive these calls at appropriate and suitable times when running telemarketing and autodialing voice broadcasting campaigns. As well, there may be legal constraints in some nations regarding how businesses and individuals can communicate on legitimate time schedules. In those cases, service providers may be unreachable.

The admin can easily manage outbound call restrictions based on time zone. ICTBroadcast offers a complete solution. This works according to the Telephone Consumer Protection Act that prohibits making calls to residential numbers before 8 am. or after 9 pm. local time. Additionally, a time-based restriction can be pre-configured with destination numbers by the administrator.

This prevents any kind of conflicts caused by time zone calculations using area codes. A drop-down menu lets you select a time zone or you can choose the time in your country.

TCPA prohibits what specifically?

Specifically, this law prohibits your organization from making contact with consumers unless it has their prior consent. A telemarketing call, text message, fax, or prerecorded call is prohibited. However, there are a number of important intricacies in the law which your business may want to be aware of for example:

  • If a telephone number is reassigned, the consent does not survive. Regardless of the number you call being reassigned or incorrect, you may still be breaking the law.

  • An individual may revoke consent at any time by following a reasonable procedure. Moreover, your business must offer consumers a reasonable way to opt out of their consent.

  • Consumers can block / robocalls through phone service providers.

  • The practice of autodialing phone numbers or causing text messages to be sent to wireless phones without consent is still allowed in many cases. Notifications and alerts regarding potential fraud or important reminders such as medication refills are excluded. However, companies still have to offer consumers the option of opting out of notifications.

  • When a company uses a preview dialer, it may still be liable if their call center is capable of making automated calls but the consent of the consumer cannot be established.

Compliance with TCPA

A key component of compliance is securing the consent of consumers. Keeping your consumer contact information list as accurate as possible requires constant vigilance. Are they incorrect numbers, have they been reassigned, ported, or were they just changed? These sorts of data verifications can be arduous and can hinder the productivity and efficiency of your contact center.

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