Understanding Auto Dialer Legalities
TCPA on predictive dialing
Many businesses could profit from an automated dialer restraining device due to concerns regarding their legality. It is true that misuse of technology used to dial phones led to certain restrictions from the government in the past. Dialers are legal so provided you adhere to rules. Is predictive dialing illegal? How does tcpa deal with it?
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Is predictive dialing illegal?
Is predictive dialing illegal? Predictive dialer isn’t illegal however, there is a law called the Telephone Consumer Protection Act (TCPA) prohibits marketers and advertisers who use autodialers, such as predictive dialers, from making uninvited calls. The use of auto-dialers to make calls without prior consent from the recipient is considered illegal. In general the TCPA restricts automated telemarketing calls, also known as call-backs. Phone calls to cell phones as well as calls made to landline phones are handled differently.
The TCPA is a federal law that regulates automated calls, faxes and text messages sent by telemarketers as well as other businesses. The law is enacted by rules issued by the Federal Communications Commission (FCC). The TCPA permits those who have been harmed by illegal calls to claim damages up to $500 per illegal call, fax or text. Although the TCPA has been in existence since 1991 and has been in effect since 1991, its regulations are constantly updated. The Federal Communications Commission often updates its rules to reflect technological advancements and ensure that consumers are protected from fraudulent telemarketing in a better manner.
What does the Telephone Consumer Protection Act prohibit about auto-dialing?
Calls to cell phones
The use of mobile phones for calls with any pre-recorded or artificial voice that is not with your permission are unlawful. Additionally, calls to mobile phones by using an automated phone dialing system, without the customer’s permission are unlawful. It is important to note that this applies to non-telemarketing as well as calling for marketing purposes.
There are exceptions to this, for instance white collar criminals and healthcare alerts or emergency calls. There are also some exceptions to these types of calls, like food and drug alerts. The type of consent required will depend on the nature of the call. Calls to advertise or telemarket on mobile phones require written consent. If the person calling you wants to sell you something, they have to have your consent in writing. The consent form must clearly declare the client’s consent to automated calls from the company.
Be aware that calls made to non-telemarketing cell phones are also illegal when they are made without the consent of the consumer. But, consent for some of these calls do not have to be signed in writing. If a consumer has given their consent to being contacted before, the person may cancel their consent at any time. Any call made after the revocation is considered illegal.
Residential phones
It is unlawful for telemarketers to automatically dial a landline by using a recorded or artificial voice without prior permission in writing. Exceptions of landlines and residential phones.
- Completely informative calls
- Emergency calls for emergencies
- Commercial calls that don’t include an advertisement are not an advertisement or telemarketing
- Additionally, it is permitted to make use of an auto-dialer to call a landline so long as there’s no prerecorded, or artificial voice used.
- Calls made to be used for non-commercial purposes
- There are other exceptions to calls on any lines.
Time of day TCPA restrictions
The Telephone Consumer Protection Act prohibits solicitations by phone before 8 o’clock and 9 o’clock.
Contact center compliance: TCPA restrictions on lawful pre-recorded calls
Even when an auto-call is authorized by the user, the call must adhere to different rules: Any automated message must include an address that allows consumers to place a request to not call.
Any automated message must recognize the caller
To send automated telemarketing messages opt-out options, they are to be automated and readily available to the consumer.
Revoking consent on telemarketing calls
Even if a person has given consent to the call, this consent may be revoked. Telemarketers must keep track of customers who ask them not to contact them, and they must be able to honor those customers’ wishes. Customers can withdraw any prior consent to be a part of any future calls. This applies even if the number of a customer is not listed on the list of numbers that do not allow calls. If the telemarketer calls you again, they’re breaking the law. Be aware that this is applicable to texts. When you are revoking consent, pick the method that permits you to prove the cancellation, such as text message, email, or recordings of calls.
Illegal auto dialer text messages
The Telephone Consumer Protection Act treats texts as an actual call. Thus the same rules applicable to phone calls also apply to text messages. If a person receives a text message attempting to sell him something and he hasn’t given his written consent or in writing, to receive the text and it’s illegal. Any text message that isn’t telemarketing that is not accompanied by a consent form from the consumer is not legal, except if it’s for an emergency or health-related. The process of revocation is as easy as replying to the unwelcome text message. If the person who sent the text keeps texting, it is not in compliance with the law.
What is a predictive dialer?
The predictive dialer is a telephone dialer that can make phone calls prior to when an agent is on the line. The dialer makes several calls to different lines, and then hangs up when it gets an answer machine or sends an e-mail. If a live person is identified on the phone it connects an appropriate person on the phone.
A predictive dialer is one of the types that is an automated caller. It is designed to improve efficiency of agents by making as many leads feasible. Predictive dialing systems filter out disconnected lines, calls that are not answered and fax machines and also use an answering machine detector. This helps reduce the amount of calls that are abandoned which means that agents have more time with clients.
Predictive dialers can be found in various varieties, including physical systems or cloud-based providers or as a part of an integrated Contact center system.
How does a predictive dialer work?
To determine when an agent is likely to answer their next call and then begin to dial the following phone number. Predictive dialers employ mathematical algorithms. The predictive dialer software determines the length of a call as well as the number of calls required to connect with an actual lead or customer. The software then utilizes this information to make the appropriate dials.
If a call is not answered then the dialer switches to the next call in an already-uploaded list. Agents don’t need to look for contacts or wait for connections. Predictive dialers provide minimal downtime as well as maximum efficiency for agents. Agents will be able to use this additional time talking to customers and leads.
Do I need a predictive dialer?
The short answer is Yes. If you have the right software it is easy to integrate into outbound offerings and dramatically enhances the performance of outbound calls. It improves the efficiency of agents and also the customer experience.
What are the benefits of a predictive dialer?
A predictive dialer was designed to boost agents’ efficiency by making calls to as many leads as they can. Here are a few of the main advantages:
| Benefits | Meaning |
| Increased employee productivity | Less agent downtime equals more one-on-one customer time. Predictive dialers use algorithms to determine call duration and assign it automatically to a specific agent. |
| Improved lead generation | Predictive dialers help increase the number of calls made while also improving the quality of calls. When agents can answer more calls, there’s a higher probability that they can convert more leads. |
| More closed sales | More leads mean more opportunities for closed sales. Your agents can spend their time on what matters for your company: closing sales. |
| Enhanced customer service | Predictive dialer software reduces the chance for human error, especially during times of high call volume. It also lets customers schedule calls with agents at times that are convenient for them. |
Frequently Asked Questions
Is a phone burner a predictive dialer?
PhoneBurner is an online predictive dialer that transforms good reps into stars. Benefit from the effectiveness in a prescriptive dialer without the disadvantages. Eliminate hangups. Eliminate dropped calls. Increase the number of live conversations. Reps average 60-80 contacts per hour, using our dialer.
What is predictive dialing mode?
It is a dialing method built on a specific VCC Live algorithm that takes into account, among other things, how well your database is maintained, the number of call statistics, the average talk time as well as the number of agents that are available. Predictive dialing typically initiates greater calls than the agents available.
Predictive dialer vs Auto dialer
Predictive dialer software makes the call just a few seconds before the agent finishes their previous conversation. It does this by estimating the agent’s time and its availability. In contrast, an auto dialer calls an “x” number of contacts and connects calls answered to a representative who is available.
As you configure the auto dialer cost per agent, the predictive dialer estimates and determines the rate of dialing based on the number of agents, the call duration, and so on.
Auto dialers are suitable for teams that have less than eight agents, and for campaigns that have smaller contact lists.
Software for predictive dialing is great for teams that have greater than 8 agents as well as campaigns that require high volume of calls and quick turnaround times.
