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TCPA Alert: Automatic Dialers, Litigation, & Best Practices

Question: 
Until the FCC determines how to interpret the statutory language defining an "automatic telephone dialing system" (ATDS), what precautionary measures can my institution take to mitigate the risk of litigation?
Answer: 

In addition to the FCC's role in determining what constitutes auto-dialer equipment, the courts are also weighing in on ADTS functionalities. For example, as of late 2019, a majority of appellate courts have decided that a device is not an ATDS unless it has the capacity to dial randomly or sequentially. Nonetheless, because of pending decisions in other courts and vague definitions of relevant terms, we begin 2020 with numerous uncertainties about ATDS functionalities.
To be safe, community banks (and other businesses, to be sure) that utilize telemarketing or text messages for advertising and promotions should pay close attention to the level of human intervention used in making these communications, as this continues to be an important consideration in determining whether a device is an ATDS. Businesses should also ensure that any consumer receiving these communications has given prior express consent, and anyone who has given prior consent is also given reasonable means to revoke.
During this webinar, we will examine a range of unresolved legal issues, and create a "best practices" action plan for your bank to implement in order to combat open questions and conflicting interpretations of the TCPA.
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Learn more about Carly Souther’s webinar TCPA in 2020: Risks, Rules, & Regulation

First published on 02/16/2020

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