Are Auto Dialers illegal? There are many businesses who could profit from the use of an auto dialer. This is due to the fact that they might not be legally legal. While dialers were banned by the federal government, they’re legal if you adhere to the guidelines.
In this Article:
Auto dialers let you effortlessly navigate your contact list on your business or personal phone. They can be set to only dial when you’re ready to start or end the call, dial when you’re done or straight to the next call or queue calls by dialing out while you are on the current call. It is possible that you will not be able to utilize the three functions on every dialer, therefore it is essential to know the capabilities of each dialer you’re considering for your company.
Dialers today are software applications and not hardware tools. They are compatible with smartphones and other network technologies, such as the VOIP feature and mobile phone integration. This lets you make use of all the tools needed to design, execute and manage campaigns. There are also tools to manage teams, such as the dashboard for teams as well as task assignment and campaign delegation with timeframes. They are crucial for any business that has a high volume of calls as long as they aren’t used in excess of the limits set by law.
No, If you adhere to the federal and state regulations the auto dialer is legal to use. The laws change constantly, therefore you must stay current with the latest regulations.
Autodialers can be described as “equipment capable of storing or creating numbers for telephones using an unidirectional or random number generator.” This definition has not changed since Congress adopted the TCPA in 1991.
To qualify as an autodialer, it has to utilize a sequential or random number generator. The TCPA defines an “automated telephone dialing system” as a device that “stores or generates telephone numbers that can be dialed by using the random number generator or a sequence number generator.” These numbers are then dialed.
Telephone Consumer Protection Act of 1991 prohibits autodialers as well as prerecorded messages, and cold calling to promote marketing. While it doesn’t prohibit the use of dialers, it does limit the kinds of numbers that may be dialed and the time they have to be scrubbed. Legally, using an autodialer is easy as long as you follow the guidelines.
It is essential to follow the laws governing auto dialers in every state and country. They are frequently updated and are subject to the following rules:
Here are some federal laws pertaining to auto dialers that you must be aware of:
It is crucial to be aware of the legal time when you can call. Calls are not allowed before 8 am and after 9 pm. Your location will be used to determine your time zone.
You are not allowed to auto dial the following:
If calls that are abandoned are not answered by a live person within two seconds after the caller’s full greeting the call will be deemed abandoned. Not more than 3 percent of your calls could be deemed abandoned.
It is illegal to call anyone listed on the Do Not Call List by autodialing. It also prohibits you from calling someone who has asked for you to not. This FTC law applies to both entities and individuals.
To leave a voicemail on an auto dialer, you’ll require:
Informational messages should be limited to informational and should not be used to sell products or services.
It is essential to provide precise descriptions of the products or services you sell prior to receiving the payment. This includes information such as the price and any refunds.
TSR obliges that any person calling an auto dialer to provide the following information:
Certain call types not permitted for use by telemarketers can still be used in the event that the user agrees to receive the message and gives their contact details. They may be used to promote a product or service or to sell to customers already in the market.
Calls to telemarketing using auto dialers or recorded voice messages for mobile numbers are not permitted unless the person receiving the call gives written consent. |
Voice messages recorded in advance are sent to landlines for marketing |
In the event of implementing mobile restrictions texts sent to mobile numbers are considered to be calls. |
If there isn’t a pre-recorded voice message calling landlines numbers using an autodialer are permitted. When you’re deciding whether to make use of a recorded message as a point of contact the consent requirements are applicable to landlines. Forms for opt-in and a text number are a way to get written consent to make calls on cell phones or texts. Text subscribers will be added to your subscriber list once they make a text message to sign up. Pre-recorded messages that are sent to landlines are allowed if they’re not to be used for sales or marketing purposes
While the majority of states are covered under federal laws governing auto dialers, certain states have specific rules and regulations to be adhered to when making calls. They include:
Colorado |
Florida |
Indiana |
Louisiana |
Massachusetts |
Mississippi |
Missouri |
Oklahoma |
Pennsylvania |
Tennessee |
Texas |
Wisconsin |
Wyoming |
Yes, There are a few exemptions to the laws regarding auto dialers. Investors and individuals selling investment products may be required to adhere to the Securities and Exchange Commission (SEC), or the Commodity Futures Trading Commission(CFTC) instead of the TSR.
Sometimes calls that are business-to-business (B2B), calls are not subject to the TSR. However it all depends on the topic of every call.
Pre-recorded messages aren’t required for charities, healthcare institutions or calls that offer information on sales that have already been made.
Consumers may be sued for damages if called in violation of the law. The amount of damages could be $500 to $1,500 for each violation. If a business calls you twice after you have requested inclusion on their DNC list, then you can claim damages of $500-$1,500 every time they contact you.
The Telephone Consumer Protection Act of 1992 is abbreviated to TCPA. Telemarketing is not permitted for specific texts, calls, or facsimiles. The law also restricts the use of prerecorded or fake voice messages as well as automated dialing systems. The law also regulates the collection of information of phone calls. If TCPA is violated, consumers may file a complaint with the Federal Communications Commission (FCC). Consumers who have been subjected to violation of TCPA law can also bring lawsuits.
The FCC approved rules in 1992 to enforce the law. They included the obligation that telephone marketers maintain do-not-call lists. The FCC collaborated with the Federal Trade Commission in 2003 to establish a national Do Not Call Registry. Non-profit organizations are not included in the registry. The FCC changed its rules regarding TCPA in the year 2012. In particular it mandated that businesses get written consent from customers to make robocalls to their mobile phones or calls made using recorded voice messages and also to offer automated opt-outs for such calls.
It’s easy to join the U.S. government’s national DNC list. The list can be added to using your home number or mobile phone. Call 1-888-382-1222 to get on it or sign up at https://www.donotcall.gov/.
You could be able to make a complaint against a marketer or seller when they contact you after being listed on the DNC List for at minimum 31 days in a row.
