How does Acarda Outbound stand up to the 2015 FCC Order on Autodialers (Part 3)?

This third and final blog on the subject of 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 here and or the second blog here.

Q6. Can Acarda Outbound “dial numbers without human intervention”?

A6. Paragraph 17 reads that “the Commission has also long held that the basic functions of an autodialer are to ‘dial numbers without human intervention’ and this further strengthens the case that Acarda Outbound is not an autodialer. Acarda Outbound’s primary design purpose is to help live agents make more productive calls. Acarda Outbound cannot function as an autodialer and must have a real person to initiate each and every call that is made.

Q7. Does Acarda Outbound have the “capacity” to become an autodialer?

A7. Unless an agent presses a button in the Acarda Outbound toolbar the agent will never place a dial out. The Acarda Outbound Server cannot push out a lead to an agent unless the agent first clicks a button to seek the next record. This process is fundamental to the design of the software. Even with requested call backs, they do not just appear in the agent screen unless the agent clicks a button for the next call. When they do so the server looks for pre-scheduled call backs and if there is one for that agent it will be sent to the agent otherwise it will send a new record to call. It is not technically feasible to modify the agent software to become an autodialer without re-designing the entire lead management system to function as an autodialer and then you would have an entirely different product. Further, the dialing interfaces, usually 3rd-party softphones or hardware modems, are not sophisticated enough to return the call progress analysis that would be required for autodialer functionality, the dialing interfaces do not have the capacity to be autodialers.

Q8. What about other outbound calling products?

A8. It has always been our intention to keep Acarda Outbound‘s strength on call management with the aim to have it speed-dial out with simple telephony hardware or software to avoid needing sophisticated and expensive dialing hardware. Most the competing products, that we are aware of, use sophisticated telephony hardware and software to make calls and the majority offer power or predictive dialing autodialer functionally. For our competitors it is not a question of having the capacity to become an autodialer as they are autodialer products already and their marketing material clearly states this. There are very few outbound calling products on the market that only provide a speed dialing capacity. Acarda Outbound is the safest option as it is in no way an autodialer and does not have an autodialer capacity.

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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