Auto Dialer Compliance Trends: What Agencies Need to Know

Posted In | CRM | Help Desk | Auto Dialer | Advertising, Design & Marketing Agencies

The use of auto dialers, or automated telephone dialing systems, has become increasingly common in various sectors such as telemarketing, customer service, and debt collection. However, as the popularity of auto dialers grows, so does the complexity of the laws and regulations governing their use. This article discusses the key trends in auto dialer compliance that agencies should be aware of.

 

The Telephone Consumer Protection Act (TCPA)

The TCPA has a significant impact on the use of auto dialers. This act restricts the use of automated telephone equipment to protect consumers from unwanted calls. One of the key requirements of the TCPA is that organizations must obtain prior express consent from individuals before making auto dialed calls or sending pre-recorded messages. Agencies need to keep a record of this consent to demonstrate compliance.

 

Recent Legal Trends

There have been several recent court rulings that have influenced the way agencies can use auto dialers. For instance, in 2020, the Supreme Court ruled in Barr v. American Association of Political Consultants, Inc. that the exception to the TCPA for government-debt collection calls was unconstitutional. This ruling reinforces the requirement for prior express consent, even for debt collection calls.

 

State Laws

In addition to federal laws, agencies also need to be aware of state laws related to auto dialers. Many states have their own regulations that are stricter than the TCPA. For example, some states require that a live operator introduce an automated call before the recorded message begins.

 

Technology Trends

Advancements in technology are also affecting auto dialer compliance. New technologies like robocall blocking and labeling services can impact how successful an agency’s auto dialing efforts are. These services can block or label calls from auto dialers, potentially reducing the effectiveness of these calls.

 

As the regulatory environment continues to evolve, agencies need to stay informed about the latest trends in auto dialer compliance. This includes understanding the requirements of the TCPA, keeping abreast of recent court rulings, being aware of state laws, and monitoring technology trends. By doing so, agencies can ensure that their use of auto dialers remains compliant and effective.