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Debt Collection 101: Episode 51 – New TCPA Rulings On Predictive Dialers

New Changes To Compliance of Predictive Dialers?

Big news out of Illinois with these tcpa updates. A new court case just might make the predictive model compliant. In this episode of Debt Collection 101, we discuss the Pincus vs. Sirius XM case and what it could mean for you!

Welcome Back

Hey everybody welcome back to another episode of debt collection 101 here on Arbeit U. Yes and this is a great episode. Such a great episode there’s fireworks on this piece of paper, right? Illustrating how exciting this is. So it’s good news for the collections industry. If you haven’t heard, there was a ruling in the Northern District of Illinois Pincus. I think that’s how you say it. Is this Sirius XM? Yeah versus Sirius XM.

Pincus Vs. Sirius XM Results On Predictive Dialers

Basically, The story is the TCPA no longer covers dialers that call from lists but only those that randomly or sequentially generated numbers to be called. Yeah, so this is a big win if this can carry over the collection space, right? So basically, to sum this up what it’s saying is you can use a predictive model to contact. Right, they’re saying the previous clarifications in 2003, 2005, and 2015 basically threw em out the window.

I mean it’s what everyone kind of assumed all along if you read this article we’ll share it the court case below but it gets pretty detailed here but basically what it says is it’s. Is it outside the purview? It’s outside the purview because the phrase itself right using a random or sequential number generator refers to the kind of telephone numbers to be called, right? Yeah, basically they’re saying this is not in an ATDS. They’re saying an ATDS is something where you load a file up and you turn it on it makes a ton of calls this does not meet that legal definition.

Don’t Use This As An Excuse to Ignore Consumer Experience

So great news for collection agencies great news for anyone who’s using the predictive model however just because something is maybe more compliant doesn’t mean you’re better off using, right? So from an operational standpoint if predictive models work in the sense where you’re using them basically to weed out voicemails or if you get a voicemail to leave a message, right? Now, this isn’t a joke we actually happened to get a call today. Oh, we did. Yeah, you happen to get a call today on your direct line from a company, Collection agency using a predictive dialer.

What was it, I forget the lady’s name. It was a wrong number they were looking for a woman. We know you’re sensitive so they were looking for a woman. You’re clearly not a woman so, but you could tell there was a delay in that call, and I thought the call was dropped, but you knew a little about dialer, so you knew to wait in find out. So he answered the phone. There was a pause. Nothing happened. Yeah, they called me as a predictive dialer I’m assuming there was a three-second pause. I tried to tell the person that they had the wrong number, and I was hung up on. I went on to try and sell them. Yeah, I’m pretty sure that their system just cuts out though so they’re not a client of ours.

Obviously, they had a delay. Yeah, they had the delay and if they were the phone call would never be dropped midway through me telling them. Also a great point yes so they must use some outdated, antiquated system. Yeah, for sure. Probably garbage. Um but moral of that story is that the delay still exists and if you were the least sophisticated consumer let’s say you wouldn’t have known and hung up that phone, right? Yeah: “hello? hello?” boom. I was ready to.

Final Thoughts

Yeah, but back to the court case so this is good news for the collections industry let’s see if other courts start to rule in this. Yeah, and if the collection agencies can get that same result concerns the XM not collections. Right, so let’s see if the rulings favor stay tuned let us know what you think about this ruling you know if you knew it was coming if you were. What your opinion is. Yeah, what your opinion is on it but thanks for watching. See you next week. See you next week.


Looking for more educational information? Check out these Debt Collection 101 episodes covering Breda vs. Cellco Partnership-Big Win Against TCPA and TCPA Lawsuits and the Three Second Pause.


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Emily Faracca

Emily is the content creator at Arbeit. She is an aspiring gardener, enjoys bike rides through her neighborhood, and is a big fan of a good cocktail. As much as she loves her hometown of Buffalo, N.Y., she absolutely loves to travel, and at the top of her bucket list is a trip to Sicily, where she still has living relatives.

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