Predictive Dialer Featured Article

Customer Doesn't Want to be Called About Her Outstanding Debt, Sues Caller



When someone owes you money and is overdue on a payment, you normally want to get a hold of that person without encountering any legal barriers to this process, especially when the client signs a contract saying that you can dial their phone number in the case that they've been irresponsible with payments. The environment for debt collection is starting to change with the help of several lawsuits, including Gager v. Dell (News - Alert) Financial Services, LLC.


This all started when a customer by the name of Ashley Gager applied for an online loan to buy a brand new computer from Dell. To apply for the loan, she gave Dell her cell phone number. Some time has passed and she fell severely behind on payments. Since Dell wanted to know where its money was, the company used an autodialer to call her, asking her at what point she plans to pay. This unnerved Ms. Gager, who sent Dell a letter, telling them to stop calling her. Dell ignored the letter and kept on, calling her about 40 times in three weeks. Ms. Gager filed a lawsuit against Dell under the Telephone Consumer Protection Act, which the court had dismissed under the premise that she could not revoke consent to phone calls once it had been given.

The story gets into a bit of a twist when the Court of Appeals reversed the decision, saying that consent can be revoked at any point, making it clear that there is nothing special about a debtor/creditor relationship. There were three things that it held into consideration in its decision: consent is revokable within common law; if there's an ambiguity within the TCPA, the customer is always in the right. Moreover, a decision by the FCC was recently applied in another completely different case that suggests that revocation of consent is indeed completely acceptable.

At this point, the application of this court's decision is not very damaging; Dell can still manually dial Gager's number to contact her. However, this could be one more step into intervening on behalf of the customer when the provider has been wronged (remember, she owed Dell money and signed a contract providing consent for autodialed calls). If a company wants to use an autodialer, they could face TCPA penalties of $500-1500 for each call. If a class-action lawsuit is filed, the damages could cost a company several million dollars (sometimes up in the billions). It only takes one case ruled in favor of the consumer for there to be a trend in consumer lawsuits that follow it. This isn't the last we'll see of TCPA lawsuits that could possibly act in the detriment of the company that was wronged.




Edited by Blaise McNamee
 

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What Are Related Definitions You Should Know?

Related definitions that you should know as you increase your understanding of predictive dialers include:

Dialer: generic term for any computer-driven device that places outbound calls and connects the answered calls to an agent or operator.

Agent: telephone professional to whom a predictive dialer sends the ready call.

Predictive Dialer: Predictive dialing was introduced for the purpose of increasing efficiency within calling centers. They are computer based system that automatically dial groups of telephone numbers, and then passes live calls to available agents. The SpitFire Enterprise dialer utilizes sophisticated algorithms to speed up and slow down the call rate based on, number of available agents, number of available lines, the campaign’s average call time and other statistical information.

Quick Connect: Quick Connect allows your agents to log in one-to-one with a phone line. This option is great for B2B purposes, especially when your agent needs to be on the phone line through the entire call.

Fixed Dialing: Fixed Dialing gives your call center manager the power to manually set the volume of calls. The software will then automatically dial a predetermined number of lines per agent. Fixed dialing is ideal for political campaigns, charity campaigns, and other situations drop call ratios are not a factor.

Auto dialer: makes thousands of calls screening for busy signals, no answers, fax machines while detecting answering machines/voicemail and delivers pre-recorded messages. SpitFireX Auto Dialer is a low cost solution for voice broadcasting.

How Do Predictive Dialers Work?

Predictive dialers use complex mathematical algorithms that calculate, in real time:

  1. the number of available agents
  2. the number of phone lines available
  3. the probability of reaching a human being at a specific number
  4. the time between calls required for optimum agent efficiency
  5. the length of typical agent/customer or
    debtor conversations
  6. the average length of time agents require to wrap up after a call

SpitFire Enterprise Predictive SEP is a fully blended call center solution that supports unlimited lines, agents, and campaigns. Its greatest strength is in its flexibility: multiple campaigns can be set up, viewed, and changed with the click of a button. With easy options for customization, data and dispositions can be catered to each campaign. In addition to our user-friendly interface, SEPhighlights full customer data and combines multiple campaigns on one screen. All the information your agents need is accessible at a glance, freeing their energy to focus on what matters: the calls.

Keep It Simple with SpitFire Fully Integrated Call Center Software

Our greatest priority is making your call center run smoothly, and we do that by developing software that is intuitive and easily integrated with your current systems. SEP works seamlessly with most CRM applications and long distance carriers, making it the simplest and most cost-effective solution for your call center.

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Benefits of Using a Predictive Dialer

  1. Manages the process of dialing tens of thousands of calls or tens of millions of calls in its lifetime.
  2. Detects the result of the call, as an example: no answer, busy, fax, bad number, answering machine without any presence of human expertise. Consequently saving time by only transferring calls which are voice connects to the agents locally or remotely.
  3. Using predictive dialer increases the productivity of the company by drastically increasing the time agents spend on the phone talking to actual customers or prospective clients.
  4. Predictive dialer users get the ability to organize and better manage the client information, no lost notes scribbled on pieces of paper. The database used by the dialer organizes the calling structure.
  5. The most significant task done by the predictive dialer is to predict, which means always making an effort to get a live call to the available agent with the shortest amount of wait time. This is achieved by self learning algorithms within the predictive dialer to increase or decrease the dial ratio per agent, logged into the system.
  6. Inbound call can be better dealt with by allowing the customers to wait on hold in an IVR system, or a way to leave a message they'd like a callback while the agent is busy talking with other customers.
  7. Most important benefit of a predictive dialer is it reduces expenses for your company over a period of time since you do not need to buy and deploy a complex and sometimes extremely expensive PBX system. Your company will experience return of investment (ROI) in a period of six to twelve months.
  8. A predictive dialing system can effortlessly fit into your companies existing infrastructure since it is software controlled.
  9. The call routing logic and the contact management is all included in one software package. Your call routing logic implemented as per your specifications. Since it is a software package it can easily be upgraded even if you are located remotely with the help of internet.
  10. Provides an added cost effective method of managing the client database by giving the user of the predictive system ability to rework your database on previous call results.

    Example:
    1. only redial records which were busy, no answers and answering machines
    2. Delete records which are bad numbers, disconnected numbers or operator intercepts
  11. Do a real time look up against the do not call database saving the predictive dialer user from accidentally calling people who have enrolled in the do National not call registry. This saves the company from lawsuits and others risks conforming to all legal statutes and FCC complaints.
  12. Provides progressive dialing capabilities like call blending which means handling inbound and outbound call at the same time.
  13. Provides ability to integrate call recording devices and call monitoring interfaces which helps call center supervisors to train agents and users and improve their customer support skills.
  14. Easy to setup and learn the predictive dialer logic and software tools.

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