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Judges Tells Debt Collector to Stop Misusing a Predictive Dialer

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October 16, 2012

Judges Tells Debt Collector to Stop Misusing a Predictive Dialer

By Jamie Epstein, TMCnet Web Editor

Even though predictive dialers can improve efficiency and reduce costs, there are many strict mandates that govern this space, including the Mobile Informational Call Act of 2011, which only allows dialers to contact consumers for solely informational purposes on wireless phones, explain what “prior express consent” allows for, and continues to make it illegal to use innovative technologies including predicative dialers for telemarketing reasons.

However, it looks like one debt collection firm in California wasn’t paying as close attention as they should have, and were recently told by the 9th Circuit court to halt further leveraging dialer technology to get in touch with prospective clients on their cell phones without prior consent.

Portfolio Recovery Associates (PRA) is the business who was utilizing the Avaya (News - Alert) Proactive Contact Dialer in an attempt to beef up its customer base, a move directly in confliction with the Telephone Consumer Protection Act (TCPA).

"We have little difficulty concluding the record supports the district court's finding that PRA would have continued to violate the TCPA if an injunction had not been issued," Judge Morgan Christen said in an article featured on the Courthouse News Service website.

Looking at the period from February 1 to March 31, 2011, PRA dialed nearly 46,657 cell phone numbers in California.

Luckily, SpitFire can help your company adhere to multiple inflexible rules as its Enterprise Predictive Dialer is touted as being fully compliant with all telemarketing regulations. Its robust solution also now powers preamble messaging, text-to-speech and APIs that can be used for both live answers and answering machines. In essence, when a live person answers, you can play a pre-recorded “preamble” message which automatically transfers the call to a live agent.

Users even have the option to allow the customer to “press 1” to speak to an agent and then proceed to transfer the call.

 In addition with the text-to-speech feature, customers can easily personalize each message to include the customer’s name, date, time and dollar amount; up to eight different text-to-speech insertions are currently present within this technology. All this vital data is also sent directly to the agent’s screen when the call is transferred to further the relationship and make it much more intimate.

To learn more about the company’s next-generation offering, click here.

Edited by Allison Boccamazzo

Technology Marketing Corporation

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