Understand the Dos and Don'ts while making calls to comply with the telecom regulations while using the Automated Dialing system on CallHub.
The Telephone Consumer Protection Act (TCPA) limits the use of automated dialing systems, and voice and text messages to consumers in the United States without prior consent.
Any individual or organization forbidding the law will be fined anywhere above $500/call for the number of calls made or texts sent.
Text messages and calls are bound by the same TCPA regulations, as confirmed by the FCC's 2015 Omnibus Declaratory Ruling and Order, along with the Supreme Court's ruling in Facebook v. Duguid. The restriction on utilizing autodialers for sending text messages remains applicable to devices classified as autodialers.
Consumers possess the right to refrain from receiving unsolicited marketing communications via SMS. Accordingly, companies must refrain from sending automated SMS marketing text messages to consumers unless they have secured the consumer's prior express written consent.
Guidelines to be followed before texting people in the US:
- Send messages only during the defined business hours i.e. between 8 AM and 9 PM.
- Before sending any SMS marketing messages, make sure you have obtained clear and explicit written consent from the consumers.
- When seeking consent, provide a comprehensive opt-in message that clearly explains the nature of the messages they will receive. Include details about the frequency of messages, the type of content, and any potential charges associated with receiving the messages.
- Clearly identify your business in every message. This not only enhances transparency but also helps consumers recognize and trust the source of the messages they receive.
- Provide an easy and visible way for consumers to opt out of receiving messages.
Guidelines to be followed before calling people in the US:
- Prohibits callers from calling residences before 8 AM or after 9 PM local time.
- Requires callers to maintain a "do-not-call" (DNC) list of consumers. The DNC request must be honored for five years.
- Requires callers to provide their name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity may be contacted.
- Prohibits solicitations from residences that use an artificial voice or a recording.
- Prohibits any call made using automated telephone or any artificial or prerecorded voice to an emergency line i.e., 911, a hospital emergency number, a physician's office, a hospital or healthcare facility, a cellular device, or any service for which the recipient is charged for the call.
TCPA at CallHub:
Call center software - Do not call mobile numbers
Under the TCPA, it is against policy to call mobile numbers through an Automated Telephone Dialing System (ATDS). CallHub has a phone number verification tool that helps you identify mobile numbers in your Contact list. You can weed them out and ensure that your call center campaigns are TCPA-compliant.
Collective calling - Manually dialing numbers
CallHub gives you the ability to dial numbers keeping your campaign TCPA compliant manually. Set up a Collective Calling campaign and ask agents or volunteers to manually dial the numbers assigned to them by CallHub, using their own physical devices. The agents will record the notes and surveys through CallHub in a compliant manner for all the calls assigned.
Do Not Call List:
CallHub has the option to add a DNC filter to your campaigns. Whether it be a voice broadcasting campaign, an SMS marketing message, or a Call Center campaign, a contact can choose to be added to your DNC list. Once added, the contact will never be called or texted again through CallHub.
Call Center - Monitor Agents:
In CallHub, you can record all calls and monitor call center agents during calls. Maintain TCPA compliance by ensuring that your agents do not go outside the script and possibly break TCPA regulations.
Calling and Texting - Operational Hours:
In CallHub, the system, by default, will not allow users to send a text or make a call to US numbers before 8 AM & after 9 PM. This restriction is set under "Operational Hours" in all our campaign modules.
Note: CallHub adds necessary features to comply with the regulations, and users should note this to avoid being penalized while running the campaigns.