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AUTO DIALER LAWS AND REGULATIONS

While over the years various laws have been passed to regulate the use of Telecomputer Auto Dialer equipment, never has this type of equipment been totally outlawed. In the area of Solicitation, there are now Federal and State restrictions which you should abide by, and we suggest you obtain a copy of any State or local laws which may be applicable. Federal regulations which govern "Cold Call Solicitation" come under the guidelines of the TCPA of 1991. A copy may be obtained through the FCC office in Washington DC.

You should know and understand that there has always been laws regulating the use of the phone for "Cold Call" solicitation purposes, whether via human contact or automated Predictive Dialer equipment, know as an "ADAD", which stands for an Automatic Dialing and Announcing Device. Local PUC (Public Utility Commission) may have regulations for example. In most cases, these regulations were normal guidelines for good telephone communication ethics, especially when it comes to Solicitation or Lead generation. Again, should you wish to contact someone regarding any local laws in your particular state, a good place to start would be your local PUC. Another possibility would be the State Attorney General's office for your state.

The main consideration with regards to using autodialers and the Federal Law, comes when Cold calling is involved. You MUST subscribe to and download the National DoNotCall list for the Area codes you plan on dialing in. You can go to the following web site and download up to 5 different Area codes for FREE. That government web site is: http://telemarketing.donotcall.gov/

We here at ATC request that you apply decency and good telephone communication ethics when operating your Automated Dialing system. It is suggested that you keep accurate records, and when anyone requests that you remove their phone number from your dialing lists, please do so. A person's right to insist that your company does not contact them again in this fashion, should always be honored.

D I S C L O S U R E
The Federal Government and various State laws, place restrictions on the commercial use of ADADs.  The Telephone Consumer Protection Act ("TCPA") 47 U.S.C. § 227 prohibit the use of automatic dialers (or ADAD's) for the delivering of pre-recorded telephonic messages to homes and businesses without the express prior consent of the called party.   Most state laws that prohibit the use of ADADs, have restrictions that apply to commercial solicitation only, and specifically applies to all commercial solicitation intended to be received by telephone customers within the state that has the law.  Furthermore, when a consumer or business purchases ADAD equipment, it is the position of American Telemarketing Computers, that any seller, manufacturer, dealer or Re-Seller of this type of equipment, is obligated to disclose restrictions on the use of ADADs.  Failure to make proper disclosures constitutes an ommission of the facts which is material to the purchaser's decision to purchase the ADAD equipment.  A material ommission is an unfair and deceptive act or practice in trade or commerce, and is also an unfair method of competition in violation of the Consumer Protection Act.(end)

With respect to the use of automated telecomputers, the basic gist of the 1991 TCPA regulations is that one must first obtain express prior consent of the called party before playing a "Recorded Solicitation" message. The ATC-PC-DIALER-4 has the capabilities of doing this and again, this deals with "Cold Calling" for solicitation purposes. Business to Business contact or Non-Profit use of the equipment as well as Consent calling, or survey work, has very limited restrictions other than normal PUC guidelines regulated by your local phone company. ATC is in no way trying to interpret the TCPA of 1991 by the above comments, nor the laws in your state. Ultimately, it is up to you to check out the legal requirements, and make your own informed decisions.

Your Auto Dialer equipment is registered with the FCC. It Complies with FCC PART 68, and PART 15. Registration No. 1A9USA-75391-VM-E FCC ID: KZ5-RDSP-MINI.

If you have any further questions, please feel free to give us a call!

* Be it known that it is the Customer's responsibility to abide by any laws defined by the state in which they will use this product. American Telemarketing Computers is not responsible for damages to the customer incurred by failure to abide by and state and/or federal laws. Please refer to the Telephone Consumer Protection Act of 1991 for FCC laws regarding telemarketing. You may read a copy of the Telephone Consumer Protection Act at this website: Telphone Consumer Protection Act of 1991 Please refer to your state Attorney General or other applicable offices for telemarketing regulations pertaining to your individual state.


Call Us Today : American Telemarketing Computers @ 530-275-5929

Home Products & Pricing Technical Support Industry Overview Studio Scripts Demo Downloads Laws & Regulations

American Telemarketing Computers, markets autodialers, Predictive Dialers and auto dialing software!

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Redding , CA 96003

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ATC-PC-DIALER-4 autodialer and predictive dialing equipment


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