Are You Compliant with the New FCC Rules?

On Thursday June 18th, the FCC approved a TCPA Declaratory Ruling that is meant to “protect consumers from unwanted robocalls and texts.” The ruling was approved by a vote of 3-2 and the official text was released, and became effective, on Friday July 10th.

So, what does this new policy mean moving forward?

An instrumental part of providing the utmost quality of customer care in the contact center space is compliance with privacy restrictions implemented by governing regulatory bodies, such as the Federal Communications Commission (FCC).

InfoCision has reviewed internal policies and procedures to ensure full compliance with the Ruling and have implemented the most conservative standard to protect our clients, our company and our employees. We also encourage all organizations to make sure any third party vendors they utilize are compliant.

As an industry leading expert in compliance, we are providing a brief summary of the FCC Ruling for your reference.

ATDS (Automatic Telephone Dialing System)                                   ATDS is defined as any device or equipment which has the current or potential capacity with software modifications or additions to store or produce telephone numbers to be dialed randomly or sequentially without human intervention.  The hardware determines whether the equipment is an ATDS or not, i.e. if the hardware configuration cannot dial without human intervention without additional hardware, it is not an ATDS. The definition also includes calls to a set list of numbers using an ATDS.

The TCPA’s express consent requirements for calls to cell phones apply if the calls are made using an ATDS or prerecorded message.

It’s critical when contacting a cell phone number to use a manual dial solution which meets the specific terms required by the FCC.

Re-Assigned Numbers, Called Party and Wrong Number Calls         The TCPA exempts calls made to cell phones using an ATDS or prerecorded message if the “called party” provided prior express (written) consent for such calls.  The FCC has expanded the determination for who the called party is, in situations where the caller intends to call one person but unintentionally reaches another.  This situation could occur primarily when a number has been reassigned without the caller’s knowledge.  According to the FCC, businesses will have only one opportunity to call a reassigned number.

Text Messages                                                                                       Text messages are defined as a call to a mobile number and subject to TCPA consent and dialing requirements.

Remaining compliant is imperative for the respect and safety of your consumers as well as protecting an organization from significant monetary liabilities.

Click here to read more about regulatory compliance standards in the contact center space.

Steve Brubaker began his career at InfoCision in 1985. In his current role as Chief of Staff and as a member of the Executive Team, he is responsible for HR, internal and external communications, and manages the company’s legal and compliance departments. Brubaker is a member of a number of professional organizations, including the DMA and PACE. He also donates his time to serve on several university boards, including the Executive Advisory Board for The Taylor Institute for Direct Marketing at The University of Akron and The University of Akron Foundation Board. He has also been honored with a number of awards and recognitions for his contributions to the call center industry, including the ATA’s highest honor, the prestigious Fulcrum Award.