FCC Ruling in a Summary

FCC and TCPA Changes – Recap and Update

The Federal Communication Commission has proposed new restrictive rule changes (FCC publication 23-107) to the TCPA which require callers to obtain consumer consent for certain calls and texts sent using an Automatic Telephone Dialing System (“autodialer”) or (ATDS) or made using a prerecorded or artificial voice.

The FCC stated they wanted to close the lead generator “loophole” by requiring that texters and callers get express written consumer consent for one seller at a time. This is known as “one-to-one” consent. (NOTE: This ONLY applies to calls or text messages that are made using an autodialer or ATDS.)

Additionally, text messages will be defined as calls under the TCPA and are subject to similar DNC rules.

Practical Items to Consider in Your Operations – SAFE SELECT

If you are using an “autodialer” or ATDS, these new law changes will apply.  If you are not using an autodialer or ATDS, then many of the new law changes will not apply to your outbound business practices.  You can keep your current lead sources, processes, and practices if you do not use an autodialer or ATDS for calls or text messages. 

The key assessment is whether a system is considered an autodialer or ATDS for outbound campaigns.  If you currently use an autodialer or ATDS for your outbound traffic, Customer Dynamics can help you with a proven, highly efficient technology solution that is not classified as an autodialer or ATDS.  That solution is SAFE SELECT.

SAFE SELECT is not an autodialer or ATDS and, by utilizing it, callers may continue to keep their current operational business activities to contact leads without one-to-one consent.  For additional clarity, one-to-one express written consent is NOT required if a caller uses SAFE SELECT to place outbound calls or text messages.  The current practice of using multi-party consent can continue to be a source of leads.

In fact, consent is not required to contact a lead if you do not use an autodialer or ATDS.  Yes, you can make non-consented calls and texts using SAFE SELECT.  It is not an autodialer or ATDS.  The FCC specifically states if you do not use an autodialer then the “prior express invitation or permission” or “express written consent” requirement is not applicable.  As a reminder, callers should scrub against the DNC list if no prior express invitation or permission or express written consent is obtained. 

DNC exposure limitation under 47 CFR 64.1200 (c)(2)(ii) provides that calls or text messages made without using an autodialer or ATDS may bypass the DNC “scrub” requirement if they have “prior express invitation or permission” for a telemarketing call or text to a DNC line.  This assumes that prior express invitation or permission has not been revoked and the express invitation or permission was obtained after a consumer placed their number on the DNC list.  DNC exposure should be limited when using a non-autodialer or non-ATDS and with either a “prior express invitation or permission” or “express written consent”.

Summary

Companies making marketing calls or text messages to consumers could continue to use the current lead sourcing and marketing practices (no one-to-one consent requirement) if a non-ATDS or non-autodialer system is used for outbound contact.   Further, under 47 CFR 64.1200 (c)(2)(ii), the DNC risk may be mitigated if a seller has “prior express invitation or permission” (from the consumer - which means sellers can continue to call and text leads with multi-party invitation or permission, when consumers visit comparison shopping websites or sellers obtain leads from other sources. 

SAFE SELET can be used for all your outbound traffic.  One-to-one express written consent, multi-party consent, and non-consented leads.  One stop shopping.

Click Here to see the FCC’s publication FCC 23-107.  Customer Dynamics has highlighted certain paragraphs and footnotes regarding automatic telephone dialing systems and the ability to use non-autodialers or non-ATDS. 

P.S.  Do not miss the following items in FCC 23-107 - paragraph 30, footnote 71 on page 13, paragraph 31, footnote 75 on page 14, paragraph 39 on page 18, and Appendix D, paragraph 19 on page 60.