• Login
  • Status
  • Support
  • Partners
  • Pricing
  • Careers
  • ENLanguages
    • English
    • Deutsch
    • Français
    • 日本
    • 简体中文
    • العربية
    • 한국
    • Español
NICE - AI Customer Service Automation Solutions
  • NICE - AI Customer Service Automation Solutions×
  • Platform

      CXone Mpower Platform

      • Workflows

        Automate every service workflow

      • Agents

        Maximize agent performance

      • Knowledge

        Centralize data and knowledge

      Customer Service Automation

      • Platform Overview

        Complete AI platform for customer service automation

      • Trust & Compliance

        Ensure secure, reliable, and compliant customer service operations

      • CXexchange Marketplace

        Discover partner solutions to extend capabilities on our platform

      • Integrations & Hubs

        Seamlessly connect your business systems

      • Developer Portal

        Endless customization options with RESTful APIs and robust SDKs

      • User Communities

        Collaborate, learn, and share best practices for customer service excellence

      Discover the full value of AI in customer service

      Understand the benefits and cost savings you can achieve by embracing AI, from automation to augmentation.

      Calculate your savings

    • Products
      • Explore all Products

      • AI for Customer Experience

        AI for Customer Experience

        Purpose-built AI for unparalleled CX automation

        Learn more

        • Autopilot

          Elevate customer self-service with an AI-powered virtual agent

        • Copilot

          Empower agents and supervisors with powerful AI to drive productivity

        • Actions

          Unlock complex data with generative AI for CX leaders

        • AutoSummary

          Automate notetaking with Gen AI to summarize every interaction

        • AI Routing

          Match customers to their perfect agent for improved business results

        • Enlighten AI for Complaint Management

          Protect your organization from reputational and financial risks

        • Enlighten AI for Sales Effectiveness

          Increase conversion rates and grow revenue with real-time analysis

        • Experience Optimization (XO)

          Learn from all interactions with AI that builds smart self-service

        • Enlighten AI for Customer Satisfaction (CSAT)

          Gain insights on agent soft-skill behaviors on every interaction

      • Digital & Self Service

        Digital & Self Service

        Friction-free customer experiences driven by conversational AI

        Learn more

        • Autopilot

          Elevate self-service experiences with an AI-powered virtual agent that guides customers

        • Conversational AI & Chatbots

          Engage customers with AI-powered intelligent virtual agents and chatbots that converse naturally

        • Knowledge Management

          Meet customers with knowledge and ensure they receive the right content, wherever they are

        • Proactive AI Agent

          Keep customers engaged in conversation from onboarding to installation, service, and retention

        • Web & Mobile Engagement

          Remove friction across the digital journey by proactively delivering the right guidance at the right time

        • Interactive Voice Response (IVR)

          Accelerate resolution, improve routing efficiency and cut costs with AI boosted voice self-service

        • Experience Optimization (XO)

          Optimize digital CX by learning from all interactions with AI that mirrors top agents to build smart self-service

      • Journey Orchestration & Routing

        Journey Orchestration & Routing

        Seamless customer journeys across voice and digital channels

        View Products

        • Actions

          Unlock complex data with generative AI for CX leaders

        • Omnichannel Routing

          Connect customers to the ideal resource, the smart way

        • AI Routing

          Match every customer to their perfect agent with AI that delivers personalized experiences and improves results

        • AI Orchestrator

          Orchestrate AI-driven customer service workflows across the enterprise.

        • Proactive Engagement

          Generate more revenue, minimize hang-ups, proactively connect to reduce friction in the customer experience

        • Digital & Voice Channels

          Meet consumers in their preferred channel, provide frictionless experiences, maintain context throughout

        • Social, Chat & Messaging

          Engage website visitors in conversations on their channel of choice

      • Workforce Engagement & Management

        Workforce Engagement & Management

        Robust applications to optimize the employee experience (WEM)

        Learn more

        • Workforce Management

          Anticipate business demands with smarter, AI-based forecasting that keeps SLAs up and costs down

        • Quality Management

          Deliver better customer experiences through streamlined processes and actionable, AI-based feedback

        • Performance Management

          Meet your organizational goals while engaging employees through personal coaching and gamification

        • Interaction Recording & Management

          Capture your omnichannel interactions, meet your contact center’s regulatory needs and drive better performance

        • Supervisor Workspace

          Turbocharge supervisors to make agile decisions, streamline workflows and improve performance

        • Dashboard & Reporting

          Gain a full operational picture of your contact center, with enhanced visualization of real-time and historical insights

        • Automated Agent Augmentation

          Automatically detect automation opportunities, and effortlessly build automation processes as needed

        • Playvox by NICE

          Seamlessly integrate with CRMs to efficiently manage your workforce

      • CX Analytics

        CX Analytics

        Actionable insights to continuously enhance the customer experience

        Learn more

        • Experience Optimization (XO)

          Optimize digital CX by learning from all interactions with AI that mirrors top agents to build smart self-service

        • Actions

          Unlock complex data with generative AI for CX leaders

        • Dashboard & Reporting

          Gain a full operational picture of your contact center, with enhanced visualization of real-time and historical insights

        • Feedback Management

          Discover actionable insights from omnichannel customer feedback to improve customer satisfaction

        • Interactions Analytics

          Analyze every interaction to understand operational trends and agent performance

        • Desktop & Process Analytics

          Understand and confidently select the processes that will contribute most to your performance success

      • Agent Assist

        Agent Assist

        AI-driven tools for real-time agent guidance and coaching

        Learn more

        • Omnichannel Agent Desktop

          A unified agent workspace provides everything agents need to handle all interactions

        • Agent Assist Hub

          Easily integrate applications that help turn every one of your agents into a customer service superstar

        • Real-Time Guidance

          Helps agents understand where they can improve their behaviors in real-time to boost customer satisfaction

        • AutoSummary

          Automate agent notetaking with the power of generative AI to summarize every interaction

        • Knowledge Management

          Your customer’s journey begins with a search. Meet them with knowledge and ensure they receive the right content

      • Open Cloud Platform

        Open Cloud Platform

        Innovative cloud-native foundation to rapidly scale extraordinary CX

        Learn more

        • Security & Compliance

          Secure your data and enjoy industry-leading guaranteed uptime

        • Resiliency & Reliability

          Keep your contact center up and running with dynamic elasticity

        • CXexchange Marketplace

          Discover partner solutions to extend capabilities on our platform

        • Developer Tools & APIs

          Endless customization options with RESTful APIs and robust SDKs

        • Pre-Built Integrations

          Increase value with pre-integrated applications, UCaaS and CRM adapters

        • FedRAMP

          Give your government agency the tools to act smarter and respond faster

        • Voice as a Service (VaaS)

          Connect agents and customers with cloud-optimized voice & data services

        • Elevate AI

          Improve your customer conversations with accurate STT transcription

        • Multipath to CXone

          Connect vital enterprise infrastructure to our cloud gradually and safely

        • Unified Communications as a Service (UCaaS)

          Unify your contact center with the rest of the organization

    • Solutions
      • Explore all Solutions

      • By Industry

        By Industry

        • BPO

          Business Process Outsourcers

        • Financial Services

          Customer experiences that count

        • Government

          Elevate citizen trust

        • Healthcare

          Healthy patient experiences

        • Insurance

          Secure policyholder experiences

        • Retail

          Delight customers where they shop

        • Telecom

          CX for Telecommunications

        • Travel & Hospitality

          Boost traveler and guest loyalty

        Discover the full value of AI in customer service

        Understand the benefits and cost savings you can achieve by embracing AI, from automation to augmentation.

        Calculate your savings

      • By Business Initiative

        By Business Initiative

        • Grow Revenue

          Boost conversions and win rates to accelerate growth

        • Engage & Empower Employees

          Create a workplace of truly engaged employees

        • Boost Customer Loyalty

          Improve customer loyalty on interactions across the journey

        • Drive Digital Transformation

          Integrate digital technology at the center of CX

        • Small and Medium Business

          Drive growth and boost revenue with smarter, cost-effective customer service built for SMBs.

        • Call Center Software

          Empower agents to provide better experiences

        • Increase Operational Efficiency

          Leverage AI and automation to increase agent retention

        • Move to the Cloud

          Elevate experiences by moving operations to the cloud

        • Improve Compliance

          Protect your consumers with pre-built compliance solutions

        • Proactive Customer Engagement

          Elevate customer satisfaction with proactive conversational AI

      • Integrations & Custom Solutions

        Integrations & Custom Solutions

        • CXexchange Marketplace

          Discover partner solutions to extend capabilities on our platform

        • Pre-Built Integrations

          Seamlessly connect your business systems with our platform

        • Developer Tools & APIs

          Endless customization options with RESTful APIs and robust SDKs

        • Partner Ecosystem

          Embark on a journey of shared success and collaboration

        91% of customers recommend NICE as a preferred CCaaS vendor

        Gartner® named NICE the only Customers’ Choice CCaaS vendor in its 2024 Peer Insights™ “Voice of the Customer for Contact Center as a Service” report.

        Get report

    • Services
      • Explore all Services

      Professional Services

      • Professional Services

        Industry-leading expertise, tools and know-how

      • Implementation Partners

        NICE-certified implementation partners

      • Business Consulting

        Your partner for successful transformation

      Training

      • Contact Center Training

        Tailored education delivered by CX experts

      Support & Assistance

      • Customer Support

        Global support you can depend on

      Make the smartest buying decision with the latest Gartner analysis

      NICE has been named a Gartner® Magic Quadrant™ Leader for Contact Center as a Service for the 10th consecutive year and is positioned furthest on Completeness of Vision.

      Get report

    • Resources

        Knowledge Base

        • All Resources

          Whitepapers, datasheets, demos and more

        • Analyst Perspectives

          Contact center reports from third party analysis

        • Terms Glossary

          Detailed descriptions of industry-related terms

        • FAQs

          Contact center focused frequently asked questions

        • Guides

          Expert insights for superior CX

        Learning & Insights

        • On-Demand Webinars

          Browse our extensive webinar catalog

        • Interactive Product Tours

          Explore the complete platform with our self-guided demos

        • Blog

          CX industry guidance by contact center experts

        • Why NICE? Video Series

          Step Inside The Room Where It Happened to see CX AI in action

        • NICE & Simple: Video Demo Series

          Brilliant, bite-sized videos from our top product pros

        Community

        • Events

          Upcoming events and webinars

        • Customer Stories

          Our customer's success is paramount. Read case studies about real CX transformation

        • NICE Clubs

          Collaborate, learn, and share best practices for customer service excellence

        Join us at the Largest CX Event of the Year!

        Registration is open! Interactions 2025: June 16-18, 2025. Aria Hotel, Las Vegas

        Register now

      • Company

          Company

          • About Us

            Powering seamless cloud experiences

          • Investors

            Investors relations, reports and filings

          • Global Offices

            Interactive map of locations worldwide

          • Careers

            View job openings and learn about our culture

          • NICE Leadership

            Meet our global leadership and executive team

          News & Media

          • Events

            Upcoming events and webinars

          • Press Releases

            Find the latest updates from NICE

          • Media Center

            Media contacts and resources

          Corporate Governance

          • NICE Trust Center

            Securing your trust with every interaction

          • Market Leadership

            Discover why NICE is the market leader

          • Corporate Responsibility

            In a world where you can be anything, be NICE

          Join us at the Largest CX Event of the Year!

          Registration is open! Interactions 2025: June 16-18, 2025. Aria Hotel, Las Vegas

          Register now

          • ENLanguages
            • English
            • Deutsch
            • Français
            • 日本
            • 简体中文
            • العربية
            • 한국
            • Español
          • Get in Touch
            • Login
            • Status
            • Support
            • Partners
            • Pricing
            • Careers
            linkedinlinkedinlinkedinlinkedin
          • Home
          • Customer Experience (CX) and Contact Center Library
          • What Does the Sixth Circuit Decision on the TCPA Autodialer Definition Mean?
          Icon imageRequest a demo
          Request a quote

          Company

          • About Us
          • Careers
          • Global Leadership
          • Media Center
          • Investors
          • Awards
          • Global Office Locations
          • Contact Us
          • CCaaS
          • Customer Experience
          • NICE Public Safety
          • NICE Actimize
          • NICE RPA

          Partners

          • NICE Partners Overview
          • Developer Partners (DEVone)
          • CXone Mpower Partner Portal
          • NICE Help Partner Portal
          • NICE User Group

          Customer Support

          • Customer Support Overview
          • CXone Mpower Support Login
          • NICE Customer Support

          STAY CONNECTED

          linkedinlinkedinlinkedinlinkedin
          • Terms of Use
          • Site Map
          • Privacy Policy
          • Legal
          • Cookies Settings
          • Accessibility
          © 2025 NICE

          What Does the Sixth Circuit Decision on the TCPA Autodialer Definition Mean?

          Cultivate a reputation of trustworthiness and respect for consumer rights.

          The Context

           The TCPA defines ATDS as “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.”

          There has been a rift among the federal appellate courts regarding the TCPA’s broad autodialer definition. Recently the Sixth Circuit Court held that the TCPA’s ATDS definition includes telephone equipment that can automatically dial phone numbers stored in a list, rather than just phone numbers that the equipment randomly or sequentially generates. The decision widens a circuit split that will force the Supreme Court to finally weigh in. 

          The Supreme Court has agreed to resolve the circuit split on the autodialer definition issue by hearing the Facebook v. Duguid case.

          In a previous blog from July, we wrote about the Supreme Court’s decision regarding the TCPA’s 2015 autodialer exemption. In that decision, the Court found that the TCPA exemption regarding collecting government-backed debt was indeed unconstitutional, so, rather than opening up the use of an ATDS for other categories, such as political calls, the Supreme Court severed the 2015 government-backed debt exemption from the TCPA itself. Calls to mobile numbers for collection of government-backed debt are now to be treated, once again, the same as other calls to mobile numbers. In practical terms, this decision affects only a fraction of the calls covered by the TCPA. For most entities that use autodialed calls, the decision does not affect their operations or their potential liability under the law.

          The Case

          In Allan v. Pa. Higher Educ. Assistance Agency, the U.S. Court of Appeals for the Sixth Circuit held that the Telephone Consumer Protection Act’s (TCPA) definition of an automatic telephone dialing system (“ATDS”) includes telephone equipment that can automatically dial phone numbers stored in a list, rather than just phone numbers that the equipment randomly or sequentially generates.

          The decision widens a circuit split, with the Sixth Circuit agreeing with the Ninth and Second Circuits’ broader reading of the ATDS definition and rejecting the narrower reading adopted by the Third, Seventh, and Eleventh Circuits. 

          Is Anyone Above the Fray?

          With the TCPA, nobody is above the fray, there are no safe harbors, and the name of the game is intelligent risk mitigation. It is best to review your calling methodology and destinations in light of this decision and consult with compliance and legal teams to establish a comfort level. While we do not provide legal advice, NICE is always here to discuss its own technology and its risk-mitigation properties. 

          FAQs

          What are the TCPA rules and regulations for autodialers in contact centers?

          In contact centers, where compliance and customer relations intertwine, understanding TCPA autodialer rules is of paramount importance. The TCPA sets the stage, outlining guidelines that contact centers must adhere to when employing autodialers for customer outreach. So, what are these TCPA autodialer rules, and how do they shape contact center operations?

          The TCPA autodialer rules are a set of regulations designed to protect consumers from unsolicited and intrusive automated calls. The TCPA defines an autodialer as any device capable of storing and dialing telephone numbers without human intervention. These rules acknowledge the need for privacy and aim to ensure that consumers have the right to control the calls they receive.

          When operating within the boundaries of TCPA autodialer rules, contact centers must obtain prior express written consent from consumers before using autodialers for marketing or informational purposes. This consent must be clear and conspicuous and provide a transparent understanding of the intended communications.

          Furthermore, TCPA autodialer rules require contact centers to maintain a “Do Not Call” list, promptly honoring consumer requests to be removed from future automated campaigns. This practice not only upholds compliance but also nurtures a relationship of respect between businesses and their customers.
          A crucial aspect of TCPA autodialer rules is the restriction on unsolicited calls to mobile phones using autodialers without explicit consent. Additionally, autodialed calls to residential landlines must also comply with specific time-of-day restrictions.

          Penalties for violating TCPA autodialer rules can be severe, emphasizing the necessity of stringent compliance measures. Non-compliance can result in financial penalties and potential damage to a contact center’s reputation.

          In essence, TCPA autodialer rules govern the interaction between contact centers and their audience, ensuring a balance between customer engagement and consumer protection. By adhering to these rules, contact centers can foster trust, enhance customer experiences, and contribute to a landscape of responsible communication.

          How does the TCPA affect the use of automated dialers in contact centers?

          The TCPA has a significant influence on the utilization of automated dialers. These automated dialers, often employed for efficient outreach, fall under the watchful gaze of TCPA regulations, profoundly impacting how contact centers communicate with their audience.

          The TCPA automated dialer rules form a safeguard against intrusive and unsolicited communications. An automated dialer, as defined by the TCPA, encompasses any technology with the capacity to store and dial phone numbers without human intervention. This umbrella includes predictive dialers, autodialers, and even certain SMS platforms.

          The core principle of the TCPA automated dialer rules revolves around consent. Contact centers are required to obtain prior express written consent before utilizing automated dialers for marketing or informational purposes. This consent must be clear, informed, and unmistakably indicate the consumer’s acceptance of automated communication.

          Moreover, the TCPA automated dialer rules introduce the concept of the “Do Not Call” list. Contact centers must honor consumer requests to be excluded from automated campaigns, ensuring that these preferences are respected. This not only upholds legal compliance but also cultivates a respectful rapport between businesses and their audience.

          The TCPA’s impact extends to mobile phones as well. The use of automated dialers to reach mobile phones without explicit consent is restricted. Furthermore, strict time-of-day restrictions apply to automated dialer communications to residential landlines, underscoring the importance of timing and consideration.
          Non-compliance with TCPA automated dialer rules can lead to significant financial penalties and reputation damage for contact centers. This highlights the necessity for meticulous adherence to these regulations.

          In essence, the TCPA automated dialer rules shape the landscape in which contact centers operate, blending effective communication with legal responsibility. By navigating these rules diligently, contact centers can foster trust, ensure consumer protection, and maintain a harmonious equilibrium between outreach and compliance.

          What considerations should be taken into account for TCPA compliance with dialers?

          Adhering to TCPA regulations when using dialers is of utmost importance. These considerations are the compass that guides contact centers toward ethical and compliant communication practices.

          First and foremost, understanding the scope of the TCPA dialer regulations is crucial. The TCPA defines an autodialer broadly, encompassing various types of dialing technologies. It’s essential to determine whether the dialer used falls under this umbrella and is subject to TCPA rules.
          The cornerstone of TCPA dialer compliance lies in obtaining prior express written consent. Before utilizing dialers for marketing or informational outreach, contact centers must ensure that consumers have provided explicit permission. The consent must be clear and informed and specifically indicate the acceptance of automated communications.

          Maintaining and respecting the “Do Not Call” list is another vital consideration. Contact centers must promptly honor consumer requests to be excluded from dialer campaigns. Regularly scrubbing contact lists against the “Do Not Call” database ensures that no inadvertent communications occur.

          Additionally, understanding the TCPA’s treatment of mobile phones is crucial. Using dialers to reach mobile phones without explicit consent is restricted. This applies to both voice calls and SMS messages.

          Time-of-day restrictions for residential landline communications are yet another consideration. TCPA dialer rules dictate that automated calls to residential lines must occur within reasonable hours, preserving consumer peace and privacy.

          Incorporating robust record-keeping practices is essential for TCPA dialer compliance. Maintaining records of consent, communications, and opt-out requests showcases diligent efforts toward compliance.

          Non-compliance with TCPA dialer rules can result in substantial penalties and reputational damage. Therefore, it’s imperative for contact centers to institute comprehensive training programs that educate staff about TCPA regulations and their implications.

          In essence, the considerations for TCPA compliance with dialers are the pillars of ethical communication. By aligning practices with these regulations, contact centers not only avoid legal pitfalls but also cultivate a reputation of trustworthiness and respect for consumer rights.