Dialer Analysis

Dialer Analysis

Why It's Important

Clearly determining and documenting whether an organization's dialing system falls under the definition of an automatic telephone dialing system (aka ATDS or autodialer) has become a huge issue in light of the recent TCPA amendments, rulings, and various court decisions.

Litigants are faced with providing clear evidence relevant to the ATDS question in the litigation.

As the industry struggles to understand the very broad definition of an autodialer as laid out by the FCC, determining the true functionality, and potential capacity as it applies to this definition has become more complex as multiple elements come into play.

  • "Does the system have the "current" or "potential" capacity to place calls/texts randomly or sequentially?"

  • "Can the dialer place calls or deliver text messages without human intervention? "

  • "Could the independent system be combined with another to be able to operate as an ATDS?"

  • "Could the functionality of the equipment be altered with software or other modification? "

How We Can Help

If you cannot confidently answer the questions above and do not have supporting documentation regarding the dialing system's functionality, we can help!

CompliancePoint's experts can conduct an onsite, technical analysis of the dialing systems to determine whether they fall under the definition of an ATDS. This process will include an in-depth discovery of hardware/software, interviews, and witnessing the system in use to determine whether the functionality of your equipment could be altered with the addition of software or other modification to meet the theoretical, current, or potential ATDS definition. Once the analysis is conducted, CompliancePoint can provide a formalized opinion regarding the discovery. Few experts in the industry demand an on-site discovery of the system in question before rendering an opinion. However, CompliancePoint always requires this essential discovery measure.

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