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Robocalls and the FCC Regulations

As many of you may have seen, the Federal Communication Commission (FCC) recently announced that it has formally adopted a proposed change to the Telephone Consumer Protection Act (TCPA) regarding the use of autodialers (also known as robocalls) and pre-recorded messages in calls made to cell phones. The good news, is that InContact has the technical capabilities to support our customers compliance with the new regulations by the effective dates of the new regulations. The ATA created an outline of the key impacts of the new regulations to break down the new regulations and highlight the key changes:

  1. The new regulations maintain the prior express consent standard for non-telemarketing calls to cell phones initiated with automated dialing equipment.
  2. The new regulations prohibit live operator or prerecorded telemarketing sales calls to cell phones without the recipient’s prior express written consent.
  3. The new regulations prohibit prerecorded telemarketing calls to residential numbers without the recipient’s prior express written consent (EBR exemption eliminated).
  4. The new regulations change the permissible call abandonment safe harbor to 3%, measured per campaign over 30 days.
  5. The new regulations require that live operator abandoned call messages contain an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request prior to terminating the call.

The new regulation requires that prerecorded sales messages contain an automated, interactive voice- and/or key press-activated opt-out mechanism that enables the called person to make a do-not-call request prior to terminating the call.

Approximate Effective Dates:
•    Prior express written consent requirements: 1 year from date of publishing in FR (2/15/13)
•    Automated opt-out requirements: 90 days from date of publishing in FR (5/14/12)
•    Call abandonment calculations: 30 days from date of publishing in FR (3/16/12)

If you have any questions about the new FCC regulations, please contact your Customer Success Manager at inContact or visit https://www.ata.regulatoryguide.com.
 

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