Yes, predictive dialers are legal when they are used within federal and state rules on consent, Do Not Call lists, and abandoned calls. However, like anything else, it’s prone to abuse.
This is where the TCPA comes in. The Telephone Consumer Protection Act (TCPA) restricts autodialed calls and prerecorded or artificial-voice calls to cell phones without the called person’s consent. For telemarketing calls of that kind, FCC rules require prior express written consent. Courts have narrowed what counts as an autodialer under the TCPA, so whether a particular system is covered depends on how it works. Prerecorded-voice rules and some state telemarketing laws still apply, and the rules continue to change, so confirm the requirements for your campaigns with legal counsel.
In fact, there is even a National Do Not Call Registry where people can register their phone numbers to signify that they want to limit the number of telemarketing and solicitation calls they receive. Telemarketers must check their call lists against the registry, keep an internal do-not-call list, and honor opt-out requests promptly. Telemarketing calls are also limited to 8 a.m. to 9 p.m. in the called person’s time zone.
The abandoned-call rules add more requirements. When no agent is free within two seconds of an answer, callers must play a recorded message that names the seller and gives a phone number. Unanswered calls must ring at least 15 seconds or four rings before disconnecting, and callers must keep records showing they meet the abandoned-call limit.
Caller ID must also be accurate. The number you display must belong to you, be active, and connect to an inbound service staffed by live agents, an IVR, or an intelligent virtual agent that states your business name and offers a way to join your Do Not Call list. A local number is allowed, but a false or misleading number is not.
The recommended maximum for both is 3%. The DNC Manager keeps an internal Do Not Call list and scrubs numbers from outbound call lists. Scrubbing against external state and federal lists requires your own DNC.com subscription.
If an organization does its due diligence in keeping a Do Not Call database and provides consumers an avenue to give or take their consent, it will significantly reduce its risk of breaking any laws.
As one example of how a platform can support these rules, RingCX automated dialers include three features. Caller ID display lets you set the number recipients see. Call abandonment rate control uses a Seed Abandon Rate, which slows the dialer automatically when it is reached early in a campaign, and a Target Abandon Rate, which also factors in the predicted future rate. The recommended maximum for both is 3%. The DNC Manager keeps an internal Do Not Call list and scrubs numbers from outbound call lists. Scrubbing against external state and federal lists requires your own DNC.com subscription.