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Dialer compliance with TCPA

In July 2015, the Federal Communications Commission issued a Declaratory Ruling clarifying how they would consider whether a marketer complies with the TCPA law when making calls.

This is a summary for non-lawyers prepared by a non-lawyer.

Acceptable dialing:

  • System must dial one person at a time, and not more
  • System must not allow user to abandon more than 3% of all calls
  • System must handle busy, disconnected or no answer calls with brief intervention from the rep
  • The rep is actively involved before initiating every call

Not acceptable:

  • Triple line dialing
  • Predictive dialing
  • Dialers that hang up on answered calls
  • Any dialing platform that can dial thousands of numbers quickly's List Dialer is not an auto-dialer and is designed to comply with the FCC TCPA ruling.

For more detail on the ruling please see this excellent summary prepared by the law firm Allen, Mitchell & Allen

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