An ATDS Nightmare
Have you ever gotten a call on your cell phone, answered it, and heard a three-second pause before being connected to a live operator? That is because the person calling you is using an ATDS. In this episode, Alex and Spencer will explain the three-second pause, the earmark of an ATDS, and how to avoid a lawsuit if you are currently using an ATDS. Watch this video to learn more, and determine what is the better option than using an ATDS.
Watch this amazing episode of Debt Collection 101 and learn more. If you prefer reading, a transcription of the video is below.
Hey everybody, welcome back to another episode of Debt Collection 101 here on ArbeitU. This is not just any episode. I am getting the feeling of Deja vu. Why is that? We are going to be talking about a point that we did in our very first episodes, but now I think we have a little more people watching the video, so you know, we wanted to re-go over the topic, and we are going to be talking about the earmark of an ATDS.
This is extremely important for any collection agency. Whether you are using an autodialer, a manual click solution, you are picking up the phone and dialing. Even using our Click solution, anything! It’s important to understand what this is. So, without further ado. What is it?
What is the earmark of an ATDS?
So there are many earmarks of an ATDS, but the number one earmark of an ATDS is in pretty much any court case you ever read, it all starts the same. So they say, “Hey I know you are using an ATDS because I heard a 3-second pause before being connected to a live operator”. Or a different variation to that.”There was silence, and then I was connected to a live operator”.
How we figured this out is when we were making our TCPA Compliance Solution, Click, I did a ton of research, I read a ton of TCPA Court Cases to learn what the courts thought an ATDS was, and how they were ruling on the other manual click solutions and everything like that. One thing I noticed during that research was they all start the same way. They all had this little section that said the call began with a three-second pause. In one way, shape or form the call began with a three-second pause.
So you need to think about this from the consumers perspective. They are picking up the phone, and they are like, hello, and there is nothing. They are then like, hello again and it connects. That is a big freaking indicator that says I am using an ATDS. I am not manually dialing you.
If you are in a big agency and you have this three-second pause, when the consumer answers and they are like, hello? They hear dead silence, and they are like, hello, and they still hear dead silence. I mean I get these calls, and then it clicks over, and you hear all the call center noise, it’s like what’s going on? But its an earmark of the ATDS and it’s important for other reasons I think, too. It has had other effects that we notice our customers that are using Click.
Click is the only product on the market that doesn’t have the three-second pause. Yeah, you are welcome. You are welcome, world. It has a side effect that we really didn’t think of, and it is the fact that you are going to have fewer consumers that just hang up. Yeah, because I will do it. “Hello?”, boom I’m done.
You know what I mean? I am not going to hang around for someone. I know what is going on. I am not stupid. I am so used to those calls now, that If I say hello and no one is there, I am just done with it, especially if I do not recognize the number.
Protect Yourself from a Lawsuit
So with that instant connection not only are you avoiding having to protect yourself for a TCPA Lawsuit, because you are going to win at the end of the day anyway if you are using any type of human clicker application or any type of manual dial solution. If you have that three-second pause on a TCPA Compliant solution, you are still going to probably win in court.
It’s important to understand that the three-second pause is not illegal. That is not the crime you are committing. It’s an indicator. So you are going to win that lawsuit, but you are going to pay a 25-50,000 dollars to fight that lawsuit. You could easily just not have that three-second pause and avoid getting that lawsuit. Yeah, no one wants to pay their attorney to go to court, except for attorneys.
Back to the increased efficiency portion of it. You are less likely to hang-ups. You are not going to hear that, which is always great too. If you have a system that has a three-second pause, lose it and understand what it is. Use a system that doesn’t have a 3-second pause. It happens to be us. If it wasn’t, I would say use anyone. If you have a three-second pause, get rid of it.
Stay tuned because next week we have a very special episode. What is it? We are joined by none other than Richard Perr, current president of the ACA, an attorney who was one of the people who consulted on Click. Alright, well we haven’t filmed yet, so I hoping there is not scheduling issues, and it really happens. It will really happen, or else Joe is going to cut this part out. Alright, well thanks for watching and see you next week!
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