MANUAL DIALING: NEW ORDER, NEW TECH

Transcription

1 MANUAL DIALING: NEW ORDER, NEW TECH Mike Meyer Rozanne Andersen Rip Harris

2 Disclaimer Disclaimer: Ontario Systems is a technology company and provides this presentation solely for general informational and marketing purposes. You should not rely on the content of this material for any other purpose or as specific guidance for your company. Ontario Systems advice, services, tools and products described herein do not guarantee compliance with any law or industry standard. You are ultimately responsible for your own company s actions and compliance efforts and should consult with your own legal and business advisors to obtain specific advice on your company s compliance, legal and other business needs. Despite Ontario Systems efforts to provide current and up-to-date information, you need to recognize that the information contained herein may become outdated quickly and may contain errors and/or other inaccuracies. The presenters and Ontario Systems assume no liability for typographical or other errors contained in the presentation and materials or for changes in the law affecting anything discussed herein. 2

3 Presenters Mike Meyer Senior Director, Enterprise Accounts Rozanne Andersen Vice President and Chief Compliance Officer Ontario Systems Rip Harris Director, Product Management Ontario Systems 3

4 Today s Agenda How did we get here? Autodialer defined Per FCC Order Update to Ontario s Manual Solutions Thank you 4

5 How did we get here? How did OS respond? Dec 20, 1991 TCPA Enacted by Congress March 8, 2013 Nelson v. Santander June 18, 2015 FCC Open Meeting July 10, 2015 FCC Declaratory Ruling July 17 & 22, 2015 Ontario discussions in response to FCC ruling Aug 13, 2015 Ontario InsideARM Webinar 5

6 Autodialer Defined Automatic Telephone Dialing System defined by TCPA: 47 USC 227(a)(1): ATDS (a) DEFINITIONS As used in this section (1) The term automatic telephone dialing system means equipment which has the capacity (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. 6

7 TCPA 1991 Wireless Autodialer Ban 227(b) Restrictions on use of automated telephone equipment (1) Prohibitions: It shall be unlawful for any person within the United States or any person outside the United States if the recipient is within the United States to make any call (without the express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice - to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call. (Emphasis added) (2) Landline Calls 227(b)(1)(B) - [No liability for artificial/prerecorded informational voice calls Commercial Call exemption applies (a)(3)(iii) ] 7

8 FCC 2015 Rules on Autodialers FCC s July 2015 Order Reaffirms 2003, 2008 FCC rulings that ALL predictive dialers are autodialers. (7/10/15 Order, para ) because predictive dialers retain the capacity to dial thousands of numbers in a short period of time and could harm public safety An autodialer is equipment: which has capacity to dial numbers without human intervention FCC 2003, 2008 Rulings (Note: How the human intervention element applies to a particular equipment involves a caseby-case determination) that may call from a set list of consumers. (para. 10) that has the capacity to dial predictively and store numbers even if not presently used for that purpose. Id. (emphasis added) Speed dialing is excluded (7/10/15 Order, para. 17) 8

9 FCC Rules on Capacity CAPACITY Clarified: the capacity of an autodialer is not limited to its current configuration but also includes its potential functionalities (7/10/15 Order, para. 16) Capacity to be interpreted Broadly (7/10/15 Order, para. 19) Future software additions are included in capacity There are outer limits to capacity - must be more than a theoretical potential that the equipment could be modified to satisfy the autodialer definition. Id. Not all devices are autodialers even if has some capacity to store and dial numbers (7/10/15 Order, para. 18) Ex. handset with speed dial is NOT a dialer. Rotary Phone not a dialer 9

10 What it is and what it isn t Automatic Telephone Dialing System (ATDS) Four Point Check List + 1 It can store numbers It can dial predictively It can dial by pulling from a data base of numbers It can dial from a list of numbers Can dial many thousands of numbers with vigor Manual Contact System (MCS) Four Point Check List + 2 Not able to store numbers Can only wait and respond Cannot pull no.s from FACS or Artiva Can t read a list; can t see a list Can only dial one number at a time Contract and Code fail safes in place (TBA) 10

11 Capacity vs. Future Capacity Present [ATDS] Capacity Look at present use Examine the current capacity Examine the current functionalities Consider ATDS definition as provided in statute, reg, case law and FCC orders Future [ATDS] Capacity Includes the device s potential functionalities FCC refused to give contours to the definition Suggested if the device can be modified remotely without the effort and cost of adding physical space [for ex.]to an existing structure it may meet future capacity test Future capacity will be evaluated on case by case basis 11

12 Today s Agenda How did we get here? Autodialer defined Per FCC Order Update to Ontario s Manual Solutions Thank you 12

13 Ontario Manual Contact Platform (baseline) Manual Phone Switch Dialing platform without ability to autodial (software removed) Does not store numbers for dialing Responds only to agent request to dial a single number Application Protections Validation of manually entered phone numbers Cell Scrub of new numbers entered Setting to force manual 10 digit dialing by agents Enforcement of cell phones - manual pool flags - manual device Account stamped with Manual device call indication Toggle Button to switch between Manual and Auto dial systems Maintains all other compliance & reporting capabilities Safe time to call Calling hours, state restrictions VoiceTrak recordings mapped to account Full call detail record maintained 13

14 Ontario Response to FCC Order Future Capacity Business & Process Tools Preclude subsequent conversion of manual platform to autodial New contract System Registration Unique System identification Fail-safe software System Separation Ontario maintains unique software code for both Auto dial and 2 types of manual systems Separate, and self sufficient Full compliance controls on each Premise and Hosted solutions Data path Voice path Autodialer GC Dialer Contact Savvy T1 s Collection Application Autodial Agent Manual Agent PBX Voice path VoiceTrak Recordings Manual Phone Switch Public Phone Network Data path 14

15 Business & Process Tools Updated Contract Expressly forbids modification of Manual platforms into Autodial enabled platform, by either Ontario or customer Requires selection of either ManualOne or ManualTwo version Updated Installer Contact Platform software is now tied to unique system identifier (hardware based) Will not allow system deployed as Manual1 or Manual2 to be reinstalled or updated to Auto Attempt to do so will render system inoperable, must go back to Ontario System Registry Systems now installed with new software (Auto, ManualOne, ManualTwo) are registered at Ontario cloud Subsequent installations will phone home to validate status 15

16 System Separation Contact Systems Ontario now maintains 3 unique driver software releases: Auto Dial current GC and Contact Savvy full featured auto dialing ManualOne single agent manual dialing. No additional features ManualTwo manual dialing, can be extended with Manual Call Assist and/or Cross Platform Connection* Auto dialing Basic Manual Only Extendable Manual Only GC Auto Contact Savvy Auto GC ManualOne Contact Savvy ManualOne GC ManualTwo Contact Savvy ManualTwo Cross Platform Communication* * Note: Cross Platform for GC+Premise Manual and CtS 2.0 Cross Platform Communication* MCA Application Options 16

17 Manual Contact System - Premise Manual Contact System Premise deployment Separate voice paths for Auto vs Manual Separate data controls for Auto vs Manual Key parameters set at Pool level Single click or 10 key dialing options Collection Application Data path Data path Autodial Agent Manual Agent Voice path PBX Voice path Autodialer GC Dialer Contact Savvy VoiceTrak Recordings Manual Phone Switch T1 s Public Phone Network 17

18 Manual Contact System Contact Savvy Deployment Data path Cloud Shuttle Voice path Auto Telephony server Collection Application Autodial Agent PBX VoiceTrak (recordings) Session Border Controller Public Phone Network Manual Agent Voice path Manual Telephony Server Client Premise Manual Cloud Shuttle OS Hosting Facility Public/Private Data Network: MPLS/VPN, etc 18

19 ManualTwo Enhancement Option: Cross Platform Connection Cross Platform Connection (aka Inbound Anywhere ) Enables inbound calls to route between Manual and Autodial system, and agents to transfer calls between systems Premise Only Paid-for custom purchased separately Manual & Auto platforms exchange call & agent status information Utilizes Inter-chassis communication Deployment Enabled via System key Requires re-configuration of Manual & GC system by Ontario support Available for Premise deployments today Will be added to Contact Savvy 2.0 (Projected: Q1 2016) 19

20 ManualTwo Enhancement Option: Manual Call Assist (MCA) Manual Call Assist Single agent initiating manual dials for group of agents Browser based UI with agent stats, connect rates, etc. Depends on agent deciding to make that call. No pacing direction given. Only connected, live party calls are passed to waiting agents Passes a SINGLE number to dialing platform at a time Maintains all compliance, reporting, of Manual systems. Deployment: Completely separate software release Runs on separate Linux server Licensed as add-on feature Available for Premise Manual and Contact Savvy Supported in FACS 20.5 today Artiva 4.6 in November 20

21 ManualTwo with MCA: Example: Premise deployment Single Call Initiation Agent launching calls for waiting agents Client Premise Auto Agents GC Dialer PSTN FACS/Artiva Pool Account Candidates Call Initiation (CI) Agent Manual Agents Call Results Manual Call Assist Requests Account to Dial ManualTwo Phone/Account to Dial PSTN 21

22 Migration Process for ManualOne & Two For Premise & Contact Savvy deployments 1. System identification & Registration (Win 2008 required) Hardware ID automatically registered with Ontario 2. Deletion of old Contact Platform build 3. Installation of ManualOne or ManualTwo Contact Platform Software Validation that PC build matches system registration via phone home capability Application (FACS, Artiva) upgrade required for full ManualOne protection Subsequent Contact Platform upgrades will do similar validation Prohibit change from ManualOne to ManualTwo Prohibit change from ManualOne & ManualTwo to Autodial Attempted prohibited upgrade results in system inoperable return to Ontario 22

23 Summary Ontario continues to invest in Compliance focused tools, products, & processes Adding Manual Platform is excellent time to look at Contact Savvy Watch for further communication regarding your Manual platforms 23

24 Thank You! Rip Harris Director, Product Management Ontario Systems Rozanne Andersen Vice President and Chief Compliance Officer Ontario Systems Mike Meyer Senior Director, Enterprise Accounts For more information contact your Ontario Sales Representative or Shawntell Bright: (765)

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