A new court case just might make the predictive model compliant. In this episode of Debt Collection 101, we discuss the Pinkus vs. Sirius XM case and what it could mean for you!

Key Points

  • Basically, the TCPA no longer covers dialers that call from lists but only those that randomly or sequentially generated numbers to be called. What it's saying is you can use a predictive model so this is a big win if this can carry over the collection space.
  • This contradicts the previous statement made in 2003, 2005, and 2015. Basically, they're saying this is not an ATDS. They're saying an ATDS is something where you load a file up and it makes a ton of calls and this does not meet that legal definition.
  • Great news for collection agencies and great news for anyone who's using the predictive model. However just because something is maybe more compliant doesn't mean you're better off using it. Don't use this as an excuse to use a predictive dialer that isn't user-friendly.

Looking for more educational information? Check out these Debt Collection 101 episodes covering Breda vs. Cellco Partnership-Big Win Against TCPA and TCPA Lawsuits and the Three Second Pause.


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