In effect since October 16, 2013, new TPCA regulations limit the use of automated dialers when contacting any telephone number associated with a cellular service. The law specifically states that prior express consent is required for an automated dialer to initiate any telephone solicitation (voice call or SMS message) with:
Any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call.
The prior express consent is required in written form including the telephone number and signature of the person to be contacted. The written agreement must include a notice that is “clear and conspicuous” and that notice must be included on the front page.
It is important to note that fines associated with TCPA violations are administered per call. A violation of the TCPA ATDS (automated telephone dialing system) regulation can result in fines starting at $4,500 per call violation and reach a limit of $16,000 per call violation. Clearly fines can add up quickly. A few notable TCPA lawsuits include Capital One TCPA Litigation with a settlement of a whopping 75 million dollars(1) , Rose vs Bank of America with a settlement of 32 million dollars(2) and Steinfeld vs Discover Financial Services with a settlement of 8.7 million dollars(3).
Acqueon offers a solution to all Cisco enterprise customers running outbound campaigns with the UCCE, PCCE or HCS platforms. This solution permits businesses to stay compliant with TCPA regulations while continuing the execution of large scale outbound campaigns. Acqueon’s LCM is a list and campaign management software that works by feeding contacts to the Cisco dialer based on configurable campaign parameters and call strategy. LCM 3.1, the newest LCM release includes a database in which users can upload all mobile numbers that HAVE provided prior written consent to contact. When mobile numbers from this prior written express consent database are sent to be dialed they are sent straight to the automated dialer. Other, non-compliant mobile numbers are forwarded directly to the agent for manual dialing. This module keeps your campaign in compliance while maintaining a consistent workflow.
With nearly half of American households having discarded their landlines for cell phones, TCPA ATDS regulations have a large impact on all outbound campaigns. Innovative solutions such as Acqueon’s TCPA module will be key to maintaining highly productive outbound campaigns and avoiding costly regulatory fines.
Contact your Acqueon sales director or Cisco partner for more information regarding the LCM TCPA option.
- Capital One TCPA Litigation, no. 1:12-cv-10064 (n.d. ill.)
- Rose v. Bank of America Corp. et al., case number 5:11-cv-02390, in the U.S. District Court for the Northern District of California.
- Steinfeld v. Discover Financial Services, et al., U.S.D.C., Northern District of California Case No. 3:12-cv-01118-JSW