How Facebook v. Duguid Impacts Your Outbound Operations

In April 2021, the U.S. Supreme Court clarified the definition of an “Automated Telephone Dialing System” (ATDS) in the landmark case of Facebook v. Duguid. This is great news for Alvaria customers conducting outbound engagement over voice and SMS as Alvaria dialing systems do not utilize random or sequential number generators. Therefore, based on the Facebook decision, it does not appear that the Alvaria dialing systems would meet the court’s definition of an ATDS for the purpose of the Telephone Consumer Protection Act (TCPA). 

Spencer Demetros, Senior VP General Legal Counsel at Alvaria interpreted the ruling in a statement: “On April 1, 2021, the U.S. Supreme Court rendered its decision int eh case of Facebook v. Duguid that will have a significant impact on the TCPA legal landscape nationwide. In a unanimous decision, the Court ruled in favor of Defendant Facebook that allegedly sent unsolicited text message to Plaintiff’s mobile phone without consent. In the opinion that was written by Justice Sotomayor, the Court held that, in order for an outbound dialing system to be considered an “Automated Telephone Dialing System” (ATDS), which triggers many of the more onerous requirements and penalties under the TCPA, the dialing system must store or produce telephone numbers using either a random or sequential number generator.

As the Alvaria dialing systems, including Aspect Unified IP, Alvaria Cloud;, and Alvaria CX Suite;, do not utilize random or sequential number generators, the Court’s Facebook decision should remove any uncertainty that these systems do not qualify as an ATDS for purposes of the TCPA.”

Of course, it is important that outbound contact centers check with legal counsel as to the interpretation of this recent ruling for your business and the impacts for your dialing strategies.

As Spencer stated above, Alvaria sees some positive outcomes and benefits for Alvaria customers utilizing our best-of-breed outbound applications. Here are some of those benefits:

• Increased agent productivity by leveraging predictive dialing technology
• Reduced risk options if you want to respond slowly with configurable pacing strategies
• Improved compliance controls, auditing, and call recording opportunities

If your internal legal interpretation determines that it is now acceptable for you to use predictive dialing technologies for non-consent wireless contact, then Aspect® Unified IP®, Alvaria Cloud, and Alvaria CX Suite outbound technologies can be leveraged to improve agent productivity. By allowing the Alvaria outbound system to manage the pacing and call handling, agents spend more time talking with called parties instead of spending time attempting to make contact.

Agent blending is also another area that could improve agent productivity. If you bring your agents currently working manual outbound attempts onto an Aspect® Unified IP, Alvaria Cloud®, or Alvaria CX Suite® system, they will also be eligible to be blended agents working both inbound and outbound calls as demand dictates. This provides opportunities to increase agent occupancy and productive work time across your entire agent pool.

By bringing your non-consent wireless contact work onto an Aspect® Unified IP®, Alvaria Cloud®, or Alvaria CX Suite® system, you will improve auditing statistics. This allows the system to capture the actual number dialed, ring time, talk time, and switch disposition instead of relying on correct agent capture. This will also allow for call recording and reporting to take place on the same system as your consented and exempt outbound dialing activity, strengthening your auditing controls. Working these previously manual calls on the Alvaria system also makes them eligible to be evaluated by Alvaria outbound compliance solutions honoring your Do Not Call, harassment, and convenient time to contact rules.

For more information, visit the official Supreme Court ruling of Facebook v. Duguid

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The information provided in this article does not, and is not intended to, constitute legal advice. All of this information, content, and material is for general informational purposes only. If you have any compliance questions related to the topics contained herein, please consult with your own legal counsel.