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Predictive Dialer Users Beware of Newly Instituted Law

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August 06, 2012

Predictive Dialer Users Beware of Newly Instituted Law

By Jamie Epstein, TMCnet Web Editor

Although predictive dialers are highly beneficial to multiple industries as this technology has the capabilities to deliver important, time-sensitive messages to a wide, diversified audience without delay, they can sometimes get a bad rap when these solutions are used in ways other than what they were originally intended for.

Effective July 11, 2012, The Federal Communications Commission (FCC (News - Alert)) went back and altered several rules including 37 CFR Part 64 which fall under the Telephone Consumer Protection Act of 1991 and mandate that anyone being contacted via a variety of dialers, including predictive and auto, must first receive written consent for all pre-recorded calls being made to both wireless numbers and landlines.

The law reads: “[T]oday's actions offer consumers greater protection from intrusive telemarketing calls and protect consumers from unwanted autodialer or pre-recorded telemarketing calls and maximize consistency with the analogous Telemarketing Sales Rule (TSR) of the Federal Trade Commission (FTC (News - Alert)), as contemplated by the Do-Not-Call Implementation Act in a way that reduces industry confusion about telemarketers' obligations and does not increase compliance burdens for most telemarketers.”

 So in essence, predictive dialers can still be used similar to the way they have been leveraged in the past, yet consumers must first agree to receiving the robocalls by signing a document that proves the consumer received 'clear and conspicuous disclosure' of what could happen by receiving these calls and that they will now be recipients of continuously delivered messages via the individual seller. Another important point to highlight is that the written agreement must be attained “without requiring, directly or indirectly, that the agreement be executed as a condition of purchasing any good or service.”

 Further, although it is clear that the FCC is continuing to take steps forward in shielding consumers from unwanted telemarketing robocalls, there have been no recent updates to rules governing non-telemarketing, informational calls including those made calls for political purposes, which will only continue to ramp up as Election Season near closers.

SpitFire is one company in particular that can enable any type of organization to efficiently and cost-effectively deliver a message and powers go-to-call software for dozens of verticals such as political, customer service, financial services, automotive, home improvement, lawn care, unions, healthcare and education.

Its enterprise predictive dialer is fully blended, extremely user-friendly, and boasts unlimited lines. According to the company’s website, “SEP is a powerful software package that offers all the tools you need to launch blended inbound and outbound call center campaigns. Using a pre-loaded list of numbers, SEP quickly and automatically places outbound calls and connects the answered calls to available agents. SEP monitors the call center volume and time per call, intelligently adjusting its dial rate to minimize the time your agents spend waiting between conversations and the hold time for callers.”

“Our predictive dialer also allows the dialing campaign manager to manually increase and decrease the amount of inbound and outbound calls on the fly, optimizing call center productivity every day,” the site added.

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Edited by Braden Becker

Technology Marketing Corporation

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