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Executive Brief
TCPA
Cloud Contact Center
Software
TCPA Regulations, And The
Tools You Need To Comply
As contact center technology has evolved, more complex
restrictions have been added to the Telephone Consumer
Protection Act (TCPA). This has caused companies to turn
to technology solutions to help them adhere to these
complicated regulations.
Highlighted Statistics
• 90 percent of Americans own mobile
phones (2014)
• ATDS-related lawsuits increased
by 69% in 2014
Five9 TCPA Manual Touch
Mode Facts:
• Does not meet statutory definition
of an ATDS
• Does not meet FCC expanded
interpretation of an ATDS
• Does not have the ability to perform
as an ATDS
Stop Searching for Tools that Enable TCPA Compliance
The TCPA has become progressively more stringent in recent years, creating legal and operational
challenges for many contact centers. At the heart of these challenges are regulations around
outbound phone calls to mobile devices through an Automated Telephone Dialing System (ATDS).
Class-action lawsuits relating to ATDS issues have increased by 69 percent in 2014, according
to CompliancePoint, a consulting firm with a comprehensive TCPA compliance practice.
The TCPA defines an ATDS as equipment with “the capacity to produce telephone numbers to
be called, using a random or sequential number generator, and to dial such numbers.” Beyond the
statutory definition of an ATDS, the Federal Communications Commission (FCC) has held that a
predictive dialer constitutes an ATDS, both when such dialer randomly or sequentially generates
telephone numbers, and/or when it dials numbers from customer telephone lists.
The FCC has also concluded that any dialing system that has the capacity to dial numbers “without
human intervention” and that can dial a significant volume of numbers in a short period of time
renders such equipment an ATDS. If a company dials any party using an ATDS, or employs a system
that has the capability to be an ATDS, the company must ensure that it has verifiable consent.
Five9 Delivers Smart—and Compliant—Campaign Management
To avoid lawsuits in the short-term, many companies have reverted to manually dialing with office
phone systems. This approach lacks critical functionality such as the ability to record calls, track
agent performance metrics, or integrate with CRM systems in order to see customer history records.
While many technology companies have attempted to create TCPA-compliant solutions, the need
to remove the capability of an ATDS in the solution has proven difficult for on-premise and pointsolution vendors.
With the Five9® TCPA Manual Touch Mode solution, contact centers are able to comply with
regulations and still manage successful outbound calling campaigns. By placing customers’ specific
contact lists with TCPA requirements on a separate system—which does not have the functionality
of an ATDS and requires human intervention for each call to be placed—customers can be confident they are meeting compliance requirements while still benefiting from a feature-rich contact
center solution.
Recently, Five9 asked CompliancePoint to review our TCPA Manual Touch Mode solution and provide
guidance on its adherence to regulations. CompliancePoint found that the solution:
•Does not meet the statutory definition of an ATDS
• Does not meet the FCC’s expanded interpretation of an ATDS
• Does not have the ability to perform as an ATDS
Mitigate Risk without Sacrificing Functionality
These three conclusions mean that companies using Five9 TCPA Manual Touch mode can operate in a
fully isolated domain for all campaigns and lists that require TCPA adherence, while retaining the ability
to integrate with CRM platforms, record calls, track agent performance metrics, retain call records,
and schedule call and disposition reports.
Ken Sponsler, CompliancePoint’s vice president and general manager of the Consulting Services
Compliance Practice, evaluated the Five9 TCPA Manual Touch Mode solution and determined that
it provided “the industry with a balance of functionality, reporting and [automatic telephone dialing
system] ATDS-related risk mitigation.”
With 90 percent of Americans currently owning mobile phones, simply avoiding outreach to mobile lines is
not a scalable, or viable solution for businesses. Five9 TCPA Manual Touch Mode helps organizations scale
operations, maintain levels of customer satisfaction, and mitigate risk. To learn more about Five9 TCPA
Manual Touch Mode, visit www.five9.com.
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