Koncert’s TCPA Compliance Allows You to Call With Confidence


Koncert is committed to building trust with all of our valued customers and one of the best ways we can do that is to navigate our clients away from costly litigation using our adherence and compliance with Federal Communications Commission (FCC) regulations, and specifically when it comes to The Telephone Consumer Protection Act (TCPA).


What is TCPA compliance?

The Telephone Consumer Protection Act (TCPA) regulates, among other things, calls to cell phones without the express consent of the called party when an automatic telephone dialing system (ATDS) is used to place the call. The TCPA defines an ATDS as “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.”. Under the TCPA, the Federal Communications Commission (FCC) was given the power to issue rules and regulations when implementing the TCPA.

For SaaS and technology-based companies — and really any business that relies on outbound sales communication, it is imperative that they are TCPA compliant when making phone calls to mobile phones because TCPA can be a source of unwanted regulatory violations and unnecessary fines.

So you want to make sure your sales engagement technology has been designed and implemented to ensure that a user dials in compliance with the TCPA.

How Koncert helps you with TCPA compliance?

The best option to reduce your risk of regulatory violations is to use a dialer that’s been designed for safe outreach. The Federal Communications Commission (FCC), the government agency responsible for implementing and interpreting the TCPA, has taken the position that a predictive dialer qualifies as an ATDS even though some predictive dialers call from a pre-defined list and are not programmed to generate random or sequential phone numbers.

The FCC has previously stated that human intervention is required to make each call and the required level of human intervention will be based on how the equipment functions and on a case-by-case determination. With this in mind, all of our 3 Dialers require (1) human intervention to place each call and (2) human presence during the entire length of each call after placing the call.

These features help your team stay compliant without reducing productivity, allowing your outbound teams to focus on calls, conversations, and closing -- instead of compliance.

We did not stop there! We engaged an outside expert to perform an independent, third-party operational review of Koncert dialers to assess whether they constituted an Automatic Telephone Dialing System (ATDS) under the TCPA. Based on the comprehensive review of our system, the third-party concluded that Koncert dialers do not meet the statutory or expanded definitions (as defined by judicial interpretation) of an ATDS.

Our Phone Dialers increase conversations by up to 800%!

Koncert offers three sales dialers for different sales roles. Click to call dialer, Workflow dialer, and Agent-assisted dialer.

Click Dialer® is a click-to-call dialer that is embedded directly within Salesforce.com to provide reps with a single pane of glass view into a prospect. Accelerate your B2B sales process by spending less time manually dialing numbers.

Flow Dialer is a list-based dialing solution that improves personal selling productivity. Place over 300 calls per day with ease.

Koncert Agent-Assisted Dialer is a live conversation (no robo-dialer, so we will help you to be TCPA compliant!) automation solution that improves outbound calling productivity for business development, prospecting, and inside sales. When Koncert users use our Agent-Assisted dialer where delegate the 90% non-productive portion of calling (like dealing with gatekeepers, phone trees, and voicemails) is delegated to our human agents who will instantly transfer a call once it is connected live to a prospect on the target list. This allows Koncert users to stay focused on having many conversations with their prospects.

Each of our dialers is designed with compliance in mind to keep you calling and out of courtrooms. We seamlessly integrate into your workflow to allow your team to communicate, quickly, effectively, and win business.

Why TCPA Compliance Matters

The TCPA provides for statutory damages of $500 per instance of a TCPA violation which can be increased to $1500 per instance if the violation is determined to be knowing or willful. Each dial made could effectively be a violation under the TCPA’s vague definition of ATDS.

In 2018, the U.S. Chamber Institute for Legal Reform, in it’s article “TCPA Lawsuits are HOW Expensive?” cited $6.6 million as the average cost of a TCPA settlement based on TCPA litigation data compiled by WebRecon.

In a recent Jan 2021 class action lawsuit settlement, Saliba v. KS StateBank Corp., (pending in the U.S. District Court, District of Arizona), a $775,000.00 settlement was reachedregarding claims alleging that KS StateBank Corporation caused automated marketing text messages to be sent to wireless telephone numbers without the express written consent of the recipients in violation of the Telephone Consumer Protection Act. This settlement represents a settlement of $198 per text sent.

Think about the numbers of phone calls your team makes daily, and do the math. Working with a vendor that helps you to stay TCPA compliant can save you lot of fines and legal fees that could hinder or cripple your business.

A History of Compliance and Data Security

Koncert is committed to building trust with all of our valued customers so we place great emphasis on making sure we are in compliance with all FCC data, privacy, and security regulations. In addition to our General Data Protection Regulation (GDPR), and California Consumer Privacy Act (CCPA) compliance, we are SOC 2 Type II certified.

For organizations in highly regulated industries, having a multi-channel Sales Engagement Platform that is TCPA compliant allows them to call and connect with confidence -- in order to grow and scale.

Learn more about how Koncert can help you have more productive outreach, cadence, and 1:1 conversations without running afoul of TCPA by signing up for a demo today.

**For more information about Koncert's security and privacy programs, please visit https://www.koncert.com/privacy-policy