– Nick Whisler, MacMurray, Petersen & Shuster LLP
The Safe solution has continued to evolve over the past 2 years to ensure continued compliance with the ongoing regulatory and legal landscape. Safe has a rich set of features and functionality built on top of a true Non-ATDS architecture.
- 100% Non-ATDS Platform
- Technical and Contractual Safeguards
- Full End-to-End Audit and Reporting Capability
- Integration with DNC.com for Federal/State/Local/Cellular Scrubbing
- Consent Management
On June 18th, 2015 the Federal Communications Commission (FCC) approved a declaratory ruling (Ruling) that addresses several issues related to the Telephone Consumer Protection Act (TCPA).
The TCPA requires consent for calls made to cell phones using an “automatic telephone dialing system” (ATDS). The term ATDS has previously been interpreted by the majority of courts as equipment that has the present capacity to dial numbers without human intervention. It appears that the Ruling will expand this definition to include equipment that could be modified to have such capacity (i.e. it adopts a “future capacity” standard). The dissenting commissioners stated that the Ruling is so broad that virtually any type of telephone, including smart phones, may be considered an ATDS.
Many businesses have been sued for calls that were directed at one person (who consented to such calls) but ultimately reach a different person (who never provided consent) because the number was reassigned. The FCC was asked to provide a safe harbor for this scenario because there is no definitive way to know if a number has been reassigned. The Ruling, however, clarifies that businesses will be liable for each call— except the first— made to the new subscriber.
The Ruling reiterates that text messages are considered calls under the TCPA, making text messages subject to the same consent requirements as phone calls. According to the FCC, this includes Internet-to-phone text messages.
Persons who previously consented to receive calls from a business may revoke that consent at any time and through any reasonable means.
Phone service providers can now offer “robocall” blocking services and technology to their customers.
The Ruling will contain some very limited exemptions for calls to cell phones related to fraud alerts, medication refills, etc., provided that such calls are free to the call recipient.
Indianapolis, IN, July 27, 2015 – On Friday, July 24th, the United States Judicial Panel on Multidistrict Litigation issued an Order, which consolidated all pending Petitions for Review of the Federal Communication Commission’s July 10, 2015 Declaratory Ruling (Ruling), including PACE’s, in the District of Columbia Circuit Court.
PACE filed a Petition for Review of the Ruling on July 14, 2015, which expanded the FCC’s interpretations of several key components of the Telephone Consumer Protection Act, including what constitutes an autodialer. The TCPA prohibits calls to cell phone using an autodialer without consent. PACE will continue to pursue its appeal of the ruling in the DC Circuit Court.
PACE has retained the law firm of Jones Day. Lead Attorney Shay Dvoretzky, the Jones Day team and Association General Counsel, Michele Shuster and her team will lead the appeal efforts.
PACE will continue to provide updates to its members throughout the appeals process.
To find out more information, please visit www.paceassociation.com
About Jones Day
Jones Day is a global law firm with 41 offices in major centers of business and finance throughout the world. Its unique governance system fosters an unparalleled level of integration and contributes to its perennial ranking as among the best in the world in client service. Jones Day provides significant legal representation for almost half of the Fortune 500, Fortune Global 500, and FT Global 500.
Please join PACE, Contact Center Compliance, and Connect First as they present an informative webinar on TCPA compliance. We will have industry experts including; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First discussing recent changes with TCPA compliance. This webinar will provide you with helpful guidance to ensure that you are remaining compliant in your contact center.
- TCPA overview and update
- 2015 case updates and lessons learned
- How to remain TCPA compliant
What is “Prior Written Consent?”
“A signed written agreement that clearly and conspicuously discloses to the consumer that: By signing the agreement, he or she authorizes the seller to deliver, to a designated phone number, telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice; and the consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.”
Accepted Forms of Signatures:
The required signatures to fulfill the “written consent” portion of the regulation can be fulfilled via email, website form, text message, telephone key-press or voice recording.
But I’m an Inbound Center…
While many of the regulations of the new TCPA amendments are geared toward Outbound Centers, many states may apply the same set of regulations to Inbound Contact Centers. Consult with your legal counsel further to discover your state’s regulations.
Are There Exceptions?
Yes! Calls that are made for information purposes that do not include a commercial solicitation and calls that are manually dialed that do not contain a pre-recorded message.