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This is from attorney Eric Troutman's website.
Here is excerpt from the Troutman's article:
Can I Avoid the Ruling by Dialing Manually?
Yes and no.
Technically this rule ONLY applies to the definition of express written consent, which ONLY applies to calls made using regulated technology for marketing purposes.
So YES you can rely on old leads IF you are dialing "manually" with a couple of caveats:
i) The definition of what sorts of autodialers are covered by the TCPA is incredibly complex and shifting. You should definitely consider using human selection vendors–such as Safe Select or Drips' Initiate platform–rather than assuming your click-to-dial process is sufficient. (Again, get a lawyer!);
ii) There is some (relatively minor in my view) risk that the one to one rule also applies to numbers on the DNC list, even if dialed manually. I do not believe this is the law but some powerful forces ae advocating otherwise and this issue will be tested in court. That creates another level of risk for those hoping to avoid one-to-one by dialing manually. (Of course you could always just scrub out DNC numbers from your campaign.);
iii) There are also state laws–such as those in Connecticut–that will prevent calls made without PEWC, even if they are permitted at the federal law. (Have I mentioned you should get a lawyer to help you?)
Confused About the FCC’s New One-to-One Consent Rules– You’re Not Alone. Here Are Some FAQs Answered For YOU!
Big webinar on FCC one-to-one consent Tuesday June 18, 2024!!! Don’t miss it! So we had the big R.E.A.C.H. monthly member call on Friday. Tons of participation. It went really well. Heard a l…
tcpaworld.com
Here is excerpt from the Troutman's article:
Can I Avoid the Ruling by Dialing Manually?
Yes and no.
Technically this rule ONLY applies to the definition of express written consent, which ONLY applies to calls made using regulated technology for marketing purposes.
So YES you can rely on old leads IF you are dialing "manually" with a couple of caveats:
i) The definition of what sorts of autodialers are covered by the TCPA is incredibly complex and shifting. You should definitely consider using human selection vendors–such as Safe Select or Drips' Initiate platform–rather than assuming your click-to-dial process is sufficient. (Again, get a lawyer!);
ii) There is some (relatively minor in my view) risk that the one to one rule also applies to numbers on the DNC list, even if dialed manually. I do not believe this is the law but some powerful forces ae advocating otherwise and this issue will be tested in court. That creates another level of risk for those hoping to avoid one-to-one by dialing manually. (Of course you could always just scrub out DNC numbers from your campaign.);
iii) There are also state laws–such as those in Connecticut–that will prevent calls made without PEWC, even if they are permitted at the federal law. (Have I mentioned you should get a lawyer to help you?)
