Clients Cautioned to Consider Rules Before Making Robocalls

JSI has fielded questions recently from clients that would like to use autodialing systems to call (also known as robocalls) customers with past due amounts each month. Companies are allowed under the Telephone Consumer Protection Act (TCPA) of 1991 and Section 64.1200 of the FCC’s rules to use autodialing systems to make these types of calls, but they are reminded that certain calls to wireline and wireless numbers must have the prior express consent of the called party.

The FCC allows prerecorded calls in some instances, including prerecorded messages from a business that is contacting its customers to collect debts, as long as there is no effort to advertise or market services to the customer. For these non-telemarketing and non-advertising calls, express consent can be demonstrated by the called party giving prior oral or written consent. Without instructions to the contrary, however, prior express consent can also be considered given by a customer who provides his or her wireless number to the person initiating the autodialed or prerecorded call, as in the case of providing a cell phone number as the customer’s contact number for a business.

If your company is considering use of an autodialed system and has questions regarding the FCC and TCPA rules pertaining to the use of these systems or prior express consent, please contact Lisa McLaughlin in JSI’s Austin office at 512 338-0473 or John Kuykendall in JSI’s Maryland office at 301 459-7590.

Source: JSI e-Lert