Petition Filed with FCC for Ruling on Soundboard Technology

NorthStar Alarm Services, LLC has filed a petition with the FCC asking for the agency to rule that soundboard technology, also known as avatar, does not constitute a prerecorded message under the TCPA. Soundboard technology functions by allowing a caller to communicate with a call recipient by using prerecorded voice snippets to carry on the conversation. Learn more about avatar telemarketing compliance.

Specifically, NorthStar is asking the FCC to rule that:

"1. The use of soundboard technology does not constitute the use of an artificial or prerecorded voice that delivers a message under the TCPA; or, in the alternative,

2. The use of soundboard technology on a one-to-one basis, whereby the soundboard agent conducts only one call with one individual at a single time, does not constitute the use of an artificial or prerecorded voice that delivers a message under the TCPA."

Read the full petition here.

Things to Watch Out for in 2019

What should telemarketing business look out for to stay safe in 2019? We've put together this list of some of the most important things:

New FCC ATDS Interpretation

It's been over 9 months since the DC Circuit Court of Appeals ruled in ACA v. FCC that the FCC's interpretation of what constitutes an Automatic Telephone Dialing System was too harsh. After that decision during 2018, court decisions piled up on both sides of the aisle and it became clear that it would take time for the dust to settle. The FCC will most likely announce their new interpretation of ATDS, and how they will be enforcing that interpretation, during 2019. This is significant because it will heavily impact the actions of Courts as well as TCPA plaintiffs. The more relaxed the definition of ATDS in the eyes of the FCC, the easier it will be for businesses to defend themselves against lawsuits and regulatory action. 

FCC's Reassigned Number Database

Last month, the FCC announced that they will be creating a reassigned number database to help businesses ensure that they are not calling people whose numbers have recently been reassigned. While the exact logistical details of this database are not yet known, it will likely become available during 2019. Stay up-to-date on that database and strongly consider scrubbing your data against it once it becomes available.

Reducing Consumer Complaints

Consider making your 2019 New Year's Resolution to reduce and resolve all consumer complaints before they reach state and federal regulators. From year to year it has become increasingly apparent that regulators take action based on the consumer complaints they receive. During 2019, make an effort to calm angry call recipients by immediately removing them from your call data. It is also a best practice to give a refund to any customers who ask for one. Learn more about telemarketing compliance, autodialer laws, robocall laws, and telemarketing licenses. Contact a telemarketing lawyer or telemarketing law firm if you have any compliance questions.

Serial Litigator Industry to Grow

There are over 100,000 phone numbers that correspond to plaintiffs who have filed multiple TCPA lawsuits. During 2019, that number will likely keep on growing. There are vendors who will scrub these numbers from your calling data. Do a Google search for "TCPA Litigator Scrub" to explore your options.

What will Become of Ringless Voicemail?

During 2018, the State of Florida started treating ringless voicemails just like any other prerecorded voice message. A Judge in Michigan also ruled that ringless voicemails were no different than any other prerecorded telemarketing call. While this technology is still a grey area in most of the country and at the federal level, using RVMs will likely become an increasingly risky practice moving into 2019 and beyond. Contact a telemarketing attorney if you need help understanding any telemarketing rules.