Noble Systems Corporation, a global leader in omnichannel contact center technology solutions, applauds the recent Court ruling regarding the FCC’s interpretation of the TCPA statute, which significantly impacts the industry and daily operations of customer contact teams. Noble Systems has been an advocate for the contact center industry throughout the company’s almost 30-year history.
The D.C. Circuit Court of Appeals recently released its long-awaited ruling in ACA International v. FCC. In the case, several challenges were made to the FCC’s interpretation of the TCPA statute. The Court rejected the FCC’s broad interpretation of the definition of an “automatic telephone dialing system” (ATDS). The Court found the FCC’s broad interpretation, which would encompass a smartphone, as overreaching. Hence, the Court rejected the assertion that any dialing equipment or device with a potential or future capacity to dial numbers using a random or sequential number generator was an ATDS. In addition, the Court rejected the FCC’s ‘arbitrary’ scheme of a one-call safe harbor when dialing a reassigned number. In another matter, however, the Court declined to vacate the FCC’s interpretation of reasonable means of revocation of consent.
In an unusual response to the Court’s rejection of the FCC’s regulations, the FCC’s current Chairman supported the ruling. Chairman Ajit Pai stated, “Today’s unanimous D.C. Circuit decision addresses yet another example of the prior FCC’s disregard for the law and regulatory overreach. As the court explains, the agency’s 2015 ruling placed every American consumer with a smartphone at a substantial risk of violating federal law. That’s why I dissented from the FCC’s misguided decision and am pleased that the D.C. Circuit too has rejected it.” (Read the Chairman’s complete statement.)
Noble Systems has advocated for a more balanced interpretation of the TCPA, both directly and in partnership with the Professional Association for Customer Engagement (PACE), and is gratified that the Court’s ruling reflects the plain reading of the TCPA statute.
“The fact that the current FCC leadership is pleased with the D.C. Circuit’s ruling supports our position that the FCC’s past interpretation was overly broad. We will continue to support responsible marketing practices that protect consumers, and hope to see greater cooperation between the FCC and the contact center industry going forward,” stated Jim Noble, President and CEO of Noble Systems.
Noble Systems will be hosting a webinar on Tuesday, March 27 at 2:00 pm EDT with further details on the contents of the Court’s ruling. Michele Shuster (a founding partner of the law firm MacMurray and Shuster and PACE’s general counsel), Karl Koster (Noble Systems’ intellectual property and regulatory attorney), and Nick Whisler (Partner at Mac Murray and Shuster) will discuss the impact that this order has for companies managing their customer communications. Interested parties can register for the webinar here: https://tinyurl.com/y9b24shg
About Noble Systems
Noble Systems Corporation is a global leader in the customer communications industry, providing innovative solutions for Contact Center, Workforce Management, and Analytics technologies. Tens of thousands of agents at 4,000+ client installations worldwide use Noble platforms to manage millions of customer contacts each day. Noble offers a unified suite of inbound, outbound and blended omnichannel communications, strategy planning, and resource management tools for companies of all sizes. Our premise, cloud, and innovative premise/cloud hybrid platforms include ACD, predictive dialing, blended processing, recording and monitoring, IVR, messaging, interaction analytics, decisioning, and workforce management. With a portfolio of over 160+ patents and growing, Noble leads the way in pioneering solutions for the contact center market. For more information, contact Lee Allum at 1.888.8NOBLE8 or visit www.noblesystems.com.