2017 was another interesting year in TCPA developments. With the rate of TCPA complaints filed with the FCC close to 2016’s record breaking statistics of over 4,000+*, caution regarding contact center outreach will no doubt be dictating engagement strategies again this year.
One of the most challenging aspects of the TCPA is the combined unclarity and fluidity of what is considered compliant. Without a standard certification process, businesses are left to determine what is the most appropriate action to take regarding cell phones.
2017 however appeared to provide a bit of relief with rulings that established a bit more consistency regarding what constitutes an automated telephone dialing system (ATDS). Prime examples are the recent rulings on LiveVox’s TCPA-focused Four Clouds dialing solutions. The four rulings include:
- Arora v. Transworld Systems, Inc. (Northern District of Illinois)
- Schlusselberg v. Receivables Performance Management (District of New Jersey)
- Smith v. Steller Recovery (Eastern District of Michigan)
- Pozo v. Stellar Recovery (Middle District of Florida)
In a discussion with LiveVox’s General Counsel, Mark Mallah regarding these rulings, he states, “ There are two fundamental aspects of the TCPA that businesses must take a hard look at. The first, cell phone consent, remains first and foremost your best line of defense. But to fortify your risk mitigation strategy, the technology you leverage to dial cell phones is also a key consideration. The fact that the courts have provided a series of consistent rulings is a positive development for the industry as it provides a bit more clarity and guidance on how to proceed.”
LiveVox’s success is rooted in the solutions ability to adequately address some of the most challenging aspects of the TCPA requirements under the FCC’s 2015 Declaratory Ruling. These factors include the technologies’ ability to provide adequate:
- Human intervention
- Lack of present capacity to autodial
- Lack of potential capacity to autodial
As the only contact center solution provide to receive 4-positive rulings, there have been a number of industry articles discussing its impact including:
- U.S. Magistrate Judge in Michigan Rules LiveVox HCI System is Not an ATDS
- Defendant’s Calling System Ruled Not an Autodialer
- “Point and click” dialing system ruled not an autodialer
While these developments are positive for contact centers, TCPA risk remains in 2018 and beyond. As re-enforced in this article, there are no guarantees in TCPA risk mitigation and consent remains key.