Utilizing Technology to Mitigate the Risk of Dialing in the Wake of the Latest FCC-TCPA Ruling

Since the July 2015 FCC-TCPA Declaratory Ruling, we’ve seen numerous webinars, whitepapers and blogs providing an overwhelming volume of information on the subject.

Some of these sources complain about the lack of clarification. Others speculate about the impact of the ruling in the collection sector industry-wide. Still others provide preventative measures and operational re-tooling strategies. After all of the talk, we still do not have a definitive answer to the question, “Should we continue to dial or just quit dialing?”

In this new whitepaper from DAKCS, they’ve targeted four Pain Points of customer concern, and give some tips on how agencies can continue to utilize dialing and messaging technology.

From the introduction:

On July 10, 2015 the Federal Communications Commission (FCC) released a highly anticipated decision regarding the Telephone Consumer Protection Act (TCPA). This decision prompted ACA International, Professional Association for Customer Engagement, Inc., the U.S. Chamber of Commerce, and Sirius XM Radio to quickly appeal. These appeals highlight the total lack of clarity in the ruling, which leaves the choice to dial or not dial up in the air. With the interpretation and advice of your corporate counsel, your ownership and executive teams must decide on the balance of risk vs. reward. In an effort to find solutions to this dilemma, DAKCS polled its dialing customer base about the use of dialing and messaging technology and the FCC decision. Based on the data gathered, we have highlighted four ways to help mitigate the risks of using dialing and messaging technology.

In general, our customers wanted a clearer definition of an auto dialer. Excluding a rotary phone, our customers felt that any technology may be classified as an auto dialer. Many in the industry argue that the TCPA should exclude the collection industry and treat us separately. Still, the incidences of TCPA lawsuits rise, along with steeper and steeper fines.

In spite of the negative feedback, our customers expressed the importance of taking precautions and evaluating operations to minimize the exposure to lawsuits. Of those polled, 81% are going to continue dialing. Below, we tackle four of their largest Pain Points regarding the use of dialers.

Attacking these pain points might help protect your collection agency or department from potential class actions and/or TCPA lawsuits, allowing you to continue to utilize automated dialing and messaging technology as an efficient tool in your collection practices.