How does Acarda Outbound stand up to the 2015 FCC Order on Autodialers (Part 2)?

This second of three blogs that look at how well Acarda Outbound stands up to the 2015 FCC Order on Autodialers. The June 18, 2015, FCC Declaratory Rule and Order, GCC-15-72A1, can be read here. In particular this blog will look at paragraph 17 and 18. You should seek your own legal counsel for an interpretation of this ruling however the following questions and answers may be helpful. For other questions please see the first blog posted at here.

Q3. What is a speed-dialer?

A3. Many telephones will have the ability to program in a telephone number for a numerical key on the telephone allowing the caller to speed dial by clicking the pre-assigned key to dial out. Also, many softphone products allow you to speed dial out a number from a contact directory by simply clicking one key. A speed dialer is equipment, hardware or software, which allows the user to quickly dial out a telephone number without needing to dial the individual digits of the telephone number directly.

Q4. Is speed-dialing permitted?

A4 Paragraph 17 refers to the 1992 TCPA Order, 7 FCC Rcd at 8776, paragraph 47 which reads “prohibitions of [section] 227(b)(1) clearly do not apply to functions like ‘speed dialing.’” This suggests that while autodialers are prohibited, speed-dialers that dial out one number at a time are permitted.

Q5. Is Acarda Outbound a speed-dailer?

A5. The dialing function in the Acarda Outbound Agent is a minor part of Acarda Outbound’s feature set. In the agent software a dial out is initiated when the agent clicks the appropriate button in their toolbar and then it only dials out a single telephone number. Once dialed, the agent must determine the call outcome and select to call it back if it is engaged or no answer or have a conversation and then make notes on the call.

Please note, this blog is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. For more details on Acarda Outbound please see http://www.acarda.com/telemarketing-software-team.html. You can download an Acarda Outbound trial via http://www.acarda.com/downloads.html

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