Telephone Consumer Protection Act (TCPA) Compliance
Campaign Connect is a single line, sequential dialing system that dials from lists of phone numbers. Campaign Connect is not a "Predictive Dialer", and it is also not an Automatic Telephone Dialing System "ATDS", as defined by FCC regulations. DYL's interface requires human intervention to move to the next call.
CampaignConnect™ does not have the ability to "robo‐dial", send "voice broadcasting" messages or dial multiple phone numbers at once(which may abandon some calls). The system does, however, give the person being called an opportunity to talk directly and immediately with the agent calling without any delay or pre-recorded messages – just like any regular phone call. Simply put: DYL requires human intervention to make each and every call.
DYL requires human intervention to make each and every call.
Internet lead dialing is not affected by the new TCPA regulations. Consumers submitting real-time quote requests are explicitly asking for a call and providing express written consent by submitting their inquiry. All of the major lead vendors have also updated their disclaimers in order to gain proper electronic consent.
Automatic Telephone Dialing System (ATDS) Defined:
The term "automatic telephone dialing system" is defined as equipment that has the capacity to: A) store or produce telephone numbers to be called using a random or sequential number generator and B) dial such numbers. ‐ This definition has been interpreted to include predictive dialers that do not require human intervention between calls.
Thus, by definition, DYL is NOT an Automatic Telephone Dialing System (ATDS):
- DYL has an interface that requires human intervention to move from one lead to the next within a calling campaign.
- DYL does not use robo‐calls. DYL requires a live person to make all calls.
- DYL does not allow callers to leave pre‐recorded messages of any kind.
- DYL does not abandon any calls. There is no delay or pause when a customer is connected.
- DYL does not offer any of the auto‐dialing methods that dial more than one phone number at a time.
DYL provides a double layer of TCPA Compliance:
- DYL is contracted with "DNC.com", the market-leader in providing up-to-date telephone scrubbing services.
- DYL scrubs against both wireless numbers and DNC state and national lists on a daily and recurring basis.
- DYL automatically scrubs for wireless and DNC numbers, which occurs every 14 days for wireless and every 30 days for DNC.
- DYL's system requires human intervention to move to the next call; therefore, DYL is not considered an ATDS. This is the company’s second layer of legal protection to back-up the wireless scrubbing process.
Because the U.S. is a large country with an enormous number of jurisdictions, each jurisdiction may have different laws in place that apply to the recording of conversations with your prospects or customers. If you are calling people for business, whether in your own state or in other states, it helps if you are fully aware of the laws that pertain to your actions. Despite numerous jurisdictions and regulations on call recording, it’s clear that abiding by these rules is vital to managing your business.
Among the reasons you might want to record your calls is for training purposes. It can be helpful to have your sales- and service-team members listen to their conversations with customers so that management and trainers can evaluate and then increase efficiency while helping sales develop better converting skills. Another reason you might find it useful to record calls is to assure the instructions and desires of your customers and prospects are clear. It can be very helpful to have voice-mail instructions, requests and other types of business communications kept in an easily retrievable form so that later you can refer to them in order to settle disputes or mitigate problems.
DYL tracks all laws and regulations related to the recording of telephone conversations. In all of the states that automatically allow for recordings to be legal with the consent of one party, DYL will automatically record all of your phone conversations and keep them attached to your contacts account information.
Following is a list of states that do not allow recording without the consent of two parties:
- New Hampshire
Rest assured that when you use DYL to manage your outbound telephone conversations with people in the aforementioned states, the calls, by default, will not be recorded. DYL stays current with all such laws, and our products remain in compliance with state and federal laws with regard to DYL's recording functionality.