Editor’s Note: NOT legal advice. Always seek counsel before attempting any new outreach method and to assess current dialer usage in light of TCPA.
So I get asked all the time–what systems are still an ATDS under the TCPA post Facebook.
I won’t give you all of the advanced calculus behind this analysis, but here are the three ways you can get yourself into trouble:
- Using a random or sequential number generator to generate telephone numbers that are actually called as part of a campaign.
- Also scary–if your system has the ability to use a RoSNG to generate telephone numbers, even if not actually being used as part of that campaign.
- Using a random or sequential number generator to select phone numbers to be part of a dialer file from a larger list of numbers. (Doesn’t matter if the underlying phone numbers were randomly created and doesn’t matter if the dialing sequence is determined randomly or sequentially.)
- Again, the capacity to create campaigns using an RoSNG may also trip the TCPA post Facebook.
- Using a random or sequential number generator to determine the order in which stored telephone numbers will be dialed. (Doesn’t matter if the phone numbers were randomly generated or if the phone numbers are clicked to dial.)
- This is where “human selection” dialers are helpful.
Remember any of these practices will get you into potential trouble. Not all of them are required.
Not all courts agree with all of these, although number 1 will get you in trouble universally. Number 3 is being fought out hard in the courts right now. That’s why human selection dialers are so notable right now. Number 2 seems to be a rare use case.