Koncert's Commitment to TCPA Compliance: Ensuring Confident Calling

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.

Therefore, it’s imperative that your sales engagement technology possesses features that facilitate TCPA-compliant calling.

How Koncert helps you with TCPA compliance?

Prior to April 1, 2021, the Federal Communications Commission (FCC), the government agency responsible for implementing and interpreting the TCPA, has taken the position that an autodialer qualifies as an ATDS even though some autodialers call from a pre-defined list and are not programmed to generate random or sequential phone numbers.

However, On April 1, 2021, the Supreme Court issued a major decision in Facebook v. Duguid, narrowing down the definition of an automatic telephone dialing system (ATDS a.k.a. autodialer) under the Telephone Consumer Protection Act (TCPA).

Based on the Supreme Court’s ruling, to qualify as an ATDS under the TCPA, a device must have the capacity to either (1) store a telephone number using a random or sequential number generator or (2) produce a telephone number using a random or sequential number generator. As mentioned above, TCPA bars the use of the ATDS that meets the foregoing definition, to make calls and send text messages to cell phones.

Typical sales dialing use cases require the use of a dialer system to make calls and text messages to pre-defined lists of telephone numbers, such as the phone numbers of existing prospects and customers. The dialing system does not need to produce or store a phone number using a random or sequential generator. For example, sales reps upload pre-defined lists from a CRM to a dialing system and make calls.  Based on the Supreme Court’s ruling such dialing system is not considered as an ATDS or autodialer, and hence TCPA does not prohibit the use of such dialing system.

The Supreme Court’s ruling resolves the long-standing split in circuit court rulings on the definition of ATDS. For example, the new ruling states that a device does not qualify as an ATDS by just having the capacity to store pre-defined numbers and dial them automatically, which is a complete reversal of the Ninth Circuit court’s decision.

At Koncert, we developed all our dialers (AI Flow Dialer, AI Parallel Dialer, Agent Assisted Dialer) to ensure that they don’t quality as an ATDS. That is, our dialers do not (1) store a telephone number using a random or sequential number generator or (2) produce a telephone number using a random or sequential number generator.  

While Koncert dialers don’t quality as an ATDS, we also provide the features, functionality, and analytics reporting necessary to maximize sales rep productivity. Features offered by our dialers help your team stay compliant without reducing productivity, allowing your outbound teams to focus on calls, conversations, and closing -- instead of compliance. 

Our Phone Dialers increase conversations by up to 800%!

Koncert offers three sales dialers for different sales roles. AI Parallel dialer, AI Flow dialer, and Agent-assisted dialer.

AI Parallel Dialer is an AI based multi-line dialer that drives live conversations and improves outbound calling productivity for business development, prospecting, and inside sales.

AI Flow Dialer is an AI based single line dialer ideal for sales reps making calls to short list of prospects (for example, follow up lists).

Agent-Assisted Dialer is a live conversation automation solution that improves outbound calling productivity for business development, prospecting, and inside sales. When Koncert users use our Agent-Assisted dialer, 90% non-productive portion of calling (like dealing with gatekeepers, phone trees, and voicemails) is delegated to our human agents who will recognize once a call is connected to a live prospect on the target list and instantly transfer the call to the user. 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. So, it is essential to select the correct dialer system and features to stay compliant with the law.

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