How an ATDS Was Defined In 2018
This was a big year for compliance and court cases. One of the biggest rollercoasters was the changing ATDS definition. In today’s episode, Alex and Spencer discuss how an ATDS was defined in 2018 and what it means for your agency.
The Key Points
- Way back in 2015, the FCC released their definition that was extremely broad. It said anything has the capacity to store numbers to be called and dial automatically. According to their definition, the only thing that was compliant was rotary phones (and Arbeit Click, of course.)
- DC Circuit’s court later struck down the FCC’s interpretation. They said it was unreasonable and that was obviously great news for everybody in collections.
- The main discrepancies in the definition are as follows. Does it matter if the device has the present capacity or the potential capacity auto-dial? Was the ATDS function was being used at the time the call was made. Does it only include the devices that can dial random or sequential numbers or does it include devices that can dial from a stored list?
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