This webinar presentation will provide you with helpful guidance to ensure that you are remaining compliant in your contact center. Join experts from Connect First, Contact Center Compliance, the Professional Association of Customer Experience (PACE), and Neustar as they present an informative webinar on TCPA compliance. Industry experts include; Ryan Thurman of Contact Center Compliance and Geoff Mina, the CEO of Connect First, and Mitch Young of Neustar. Discussion Topics: TCPA overview and update, 2015 case updates and lessons learned, and how to ensure you remain TCPA compliant

1. Scared of TCPA
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TCPA Compliance
Webinar Series

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3. Sponsored By:
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4. David J. Kaminski
David Kaminski is a partner at Carlson &
Messer LLP in Los Angeles, and
specializes in the defense of banks, credit
grantors, telemarketers, and collection
agencies in all areas of financial services
litigation. He is a recognized authority
regarding consumer litigation statutes,
including the FCRA, FDCPA and TCPA,
and regularly gives presentations at the
leading industry trade organizations
throughout the U.S.

5. Ryan Thurman
Ryan Thurman is the sales and
marketing director with Contact Center
Compliance with over 15 years of
experience in the Contact Center
Industry. Ryan is recognized as a
compliance industry expert with a
focus on State and Federal marketing
and privacy regulations including
TCPA, FTC, State and global
compliance regulations. He also
serves as the Regulatory Chair of the
West Coast Chapter of PACE.

6. Mitch Young
Mitchell Young is Senior Director at
Neustar, where he oversees the
Collections, Financial Services, Call
Center and Data verticals. Mitchell has
been at Neustar for 11 years helping
companies leverage real-time identity
data and analytic insights to improve
operational efficiencies and manage
risk and compliance.

7. Geoff Mina
Geoff Mina leads the company’s
strategic direction and is also the
primary architect of the Connect First
platform. He has taken the product
through four generations in a desire
to develop the most feature rich,
highly scalable, fault tolerant, and
secure Cloud Based Contact Center
Solution on the market. Geoff has
over 15 years of experience in the
cloud telecommunications space.

8. Agenda
TCPA Update
David Kaminski
TCPA Data Compliance Tips
Ryan Thurman
Mitigating the Risk of TCPA
Mitch Young
TCPA Safe Mode
Geoff Mina

9. Compliance Webinar:
FCC TCPA 2015
Declaratory Ruling
David Kaminski
Carlson & Messer LLP
Partner

10. TCPA Update Agenda
1. Autodialers
2. Consent issues (Phone numbers in contact list, Consent for
ported numbers, Revocation, “Proximity” consent, Reassigned phone
numbers)
3. PEWC Limited Waiver
4. On-Demand Texts
5. Text messages/internet-to-phone technology
6. Compliance Strategies

11. The FCC 2015 Declaratory Ruling –
Reaffirms/Clarifies TCPA Rules
1. On July 10, 2015, the FCC released its Omnibus Declaratory Ruling
and Order (“7/10/15 Order”) in response to 21 Petitions regarding the
definition of an ATDS, liability for calls to reassigned numbers and
other issues.
– The FCC reaffirmed its position that the TCPA is to be construed
broadly
– The FCC reaffirmed TCPA is to be construed in favor of the
consumer and EMPOWER consumers to stop unwanted calls
(para. 1)
– The FCC reaffirmed TCPA protects consumer privacy and public
safety (emergency line)
2. The FCC reaffirmed TCPA’s restrictions to wireless numbers apply to
non-telemarketing calls (Ex. informational calls.) (7/10/15 Order,
para. 123)
3. Debt collection calls remain within the purview of the TCPA
4. FCC states it was making a Declaratory Ruling that “clarify[ies] existing
law or resolves controversy regarding the interpretation or application
of existing law and precedents.” (7/10/15 Order, para. 23) NOT
ENTIRELY ACCURATE

12. 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 –
A. to make any call (other than a call made for emergency purposes or made
with the prior express consent of the called party) using any automatic
telephone dialing system or an artificial or prerecorded voice - …
B. 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)
LANDLINE CALLS – § 227(b)(1)(B) - No liability for artificial/prerecorded
informational voice calls – Commercial Call exemption applies -
64.1200(a)(3)(iii)

13. FCC Rules on Autodialers
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.

14. FCC 2015 Rules on Autodialers
1. Reaffirms 2003, 2008 FCC rulings that ALL predictive dialers are
autodialers. (7/10/15 Order, para. 12-13). PD’s retain the capacity to dial
thousands of numbers in a short period of time and could harm public safety
2. A dialer 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 case-
by-case determination)
3. An ATDS includes when calling a set list of consumers. (para. 10)
4. Equipment is ATDS even if not presently used for that purpose.” Id.
(emphasis added)
5. Does not include speed dialing. (7/10/15 Order, para. 17)

15. 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
Does broad construction of “capacity” sweep in smartphones ??
 No lawsuits filed in this regard
 There was “no evidence that friends, relatives, and companies with which
consumers do business find those calls unwanted”
 FCC will take a “wait and see” approach and monitor issue and further
clarify if needed

16. Inconsistent definitions of an ATDS in FCC
2015 Ruling
“capacity to store or produce telephone numbers to be
called, using a random or sequential number generator”
– i.e., the TCPA statutory definition
(7/10/15 Order, para. 109, 111, 112)
“capacity to dial numbers without human intervention” –
FCC 2003, 2008 Rulings (Note: How the human
intervention element applies to a particular equipment
involves a case-by-case determination)
(7/10/15/Order, para. 14)
“dialing equipment that generally has the capacity to
store or produce, and dial random or sequential
numbers” –
(7/10/15 Order, para. 10)

17. Additional FCC Rules on Auto dialers
Does Use of Separate Systems In Dialing Process Avoid ATDS
Issues?? – Likely NOT.
Separate equipment dividing storage and calling functions
between two companies could be considered an ATDS. (7/10/15
Order, para. 23)
If the net result of combining operation enables the equipment to
have the capacity to store or produce telephone numbers to be
called using a random or sequential number generator. (7/10/15
Order, para. 24)

18. FCC Rules on “Called Party” – Who is
Called Party Under TPCA
FRAMEWORK for Ruling:
1. Term “called party” is ambiguous.
2. FCC Rejects “intended recipient” theory (7/10/15 Order,
para. 78)
RULE: “Called party” is:
 Subscriber - the consumer assigned the telephone number
dialed and billed for the call (7/10/15 Order, para. 73); or
 Non-subscriber - customary user of a telephone number
included in a family or business calling plan. Id.
Above individuals can grant express consent to be called
(7/10/15 Order, para. 73)

19. FCC Reaffirms CONSENT Rules from Prior
FCC Rulings
The FCC does not require any specific method by which a caller must
obtain prior express consent. Para. 49 –
Based on Longstanding Rule – “[P]ersons who knowingly release their
phone numbers have in effect given their invitation or permission to be
called at the number which they have given, absent instructions to the
contrary”.
A number in a contact list is not prior express consent in part because
consent must be express, not implied. Para. 47, 51, 52
Burden on the caller to prove it obtained necessary prior express
consent. Para. 47
FCC says consent ruling should be construed “narrowly”
FCC Amicus Brief, June 30, 2014,
Nigro v. Mercantile Adjustment Bureau, 769 F.3d 804 (2nd Cir. 2014)

20. FCC 2008 Declaratory Ruling - Prior
Express Consent – What is Consent?
– Can be verbal or in writing. (Note: TCPA Silent - Clarified by
FCC 2/15/12/ Report)
– Via website - Roberts v. PayPal, Inc., 2013 U.S. Dist. LEXIS
76319 (N.D. Cal.)
– placing number on loan app, credit card application,
Conditions of Admission forms, patient intake, etc.)
– Can consent be given directly to businesses
– CRUX – get consent ONLY from consumer/debtor (FCC 2015
Ruling emphasizes this.)

21. FCC Rules on Revocation of Consent
• RULE: “A caller may not limit the manner in which revocation
may occur” (7/10/15 Order, para. 47, 64-70) –
• Revocation can be made via any “reasonable means.”
para. 55, 64 (reasonable means not defined)
• FCC states it is unfair for called party to bear burden of
showing revocation. Id., para. 70
• Porting number does not revoke consent. Id., para. 54
Have Prior Express Consent
to Call Landline - Landline
ported -
You Have Consent
Prior Express Consent to Call
Wireless and that number is
ported to another wireless
number - You have
Consent
Calls to landline without
prior express consent and
that number is ported to
wireless - Must get prior
express consent to call cell
phone. para. 52

22. Additional Information on Revocation
• Revocation is the same for informational and telemarketing
calls. Para. 69
• Caller’s burden to prove consent. Have ability to do so.
Para. 70
• Callers should maintain proper business records tracking
consent. Para. 70 - The well-established evidentiary value of
business records means that callers have reasonable ways to
carry their burden of proving consent.)
• PROVING ORAL CONSENT – Difficult, and documenting in
account records could fact dispute. Solution: RECORD,
RECORD, RECORD

23. Reassigned Wireless Telephone Numbers
“Called party” = current subscriber OR non-subscriber
customary user of phone
One-free pass rule—one liability-free call after reassignment
• To qualify, caller bears the burden of showing it had no knowledge of
reassignment and had a reasonable basis to believe there was valid
consent before call made
• Purpose of one call is to gain actual or constructive knowledge of the
reassignment
• Unlimited period of time to make one-free call
• The one call does not need to connect to a person or voicemail
• “If this one additional call does not yield actual knowledge of reassignment,
we deem the caller to have constructive knowledge of such.” (¶ 72)

24. Reassigned Wireless Telephone Numbers
Single-caller rule—a “single caller” gets one-free pass.
• Single caller defined as “any company affiliates, including subsidiaries.”
• “Two affiliated entities may not make one call each, but rather one call in total.”
(¶72, n.261)
Wrong/misdialed number calls? One-free pass does not apply.
Bad faith defense? NONE, even if called party purposely and
unreasonably waited to notify the calling party regarding reassignment
in order to accrue statutory penalties
How is this practical? FCC believes the existence of database tools
combined with best practices, and a one-free pass rule, “together make
compliance feasible.” (¶83)

25. Reassigned Wireless Telephone Numbers
How to Comply (according to FCC)
• Make manually dialed call to confirm identity
• Listen to name on voicemail
• Send email or mail request to confirm telephone numbers or
update contact information
• Database tools such as Neustar’s “Verification for TCPA” product
• Strong support for “full participation from carriers to make this
type of option more effective”
• Require consumers to notify businesses when they switch
numbers via contractual agreements and seek recourse for
violation of the agreement
• Include an interactive opt-mechanism in prerecorded calls so
that recipients can easily report a reassigned or wrong number

26. Reassigned Wireless Telephone Numbers
How to Comply (Cont’d)
• Implement procedures for recording wrong
number/reassigned number reports received by customer
services reps placing outbound calls
• Implement processes for allowing customer service agents
to record new telephone numbers when receiving calls
from customers
• Utilize an autodialer, manual dialer, and/or live caller to
recognize triple-tones that identify and record
disconnected numbers
• Establish policies for determining whether a number has
been reassigned if there has been no response to a two-
way call after a period of attempting to contact a consumer
• Enable customers to update contact info by responding to
any text message they receive

27. “Old” Written Telemarketing Consent Is Not
Enough
The Coalition of Mobile Engagement Providers and the Direct
Marketing Association filed petitions seeking rulings that their members
could rely upon written consent provided prior to October 16, 2013.
Prior express written consent regulation for telemarketing calls and text
to wireless numbers and all telemarketing artificial or prerecorded voice
calls was not clear as to whether new consent required for all such calls
made after regulation became effective.
FCC says you must get new consent consistent with disclosure
requirements.
Clarifies that disclosures must be given and for ongoing campaigns
disclosures in a call to action will not suffice; they must be in the written
agreement.

28. Limited Waiver of Prior Express Written
Consent Regulation
Grants a retroactive waiver of the prior express written consent regulations
Duration of waiver: October 16, 2013 through 89 days following release of Order
Waiver applies to Petitioners and their members as of July 10, 2015
Expectations during remaining duration of waiver: obtain for any future
marketing calls/texts prior express written consent in the manner required by the
current rule
Clarifies that disclosures in definition of “prior express written consent” are
required
Says for the first time that including disclosures in call to action is not sufficient
for ongoing campaigns; must have disclosures in the written agreement itself.

29. On-Demand Text Messages
One-time text message sent immediately after a consumer
request does NOT violate the TCPA.
• Not telemarketing but “fulfillment of the consumer’s request.”
• E.g., consumer sees advertisement or call-to-action display and responds
by texting “discount” and gets a reply text with a coupon.
Conditions:
• Must be requested by consumer
• Single text in response (more than a single text requires
PEWC)
• Sent immediately in response to a specific request
• Contains only the information requested by the consumer with
no other marketing

30. Text Messages/
Internet-to-Phone Technology
Text messages are calls under the TCPA.
Equipment that sends internet-to-phone text messages is an
autodialer under the TCPA. (e.g.,
5555551212@sprint.messaging.net )
“[W]e clarify that other types of text messages that pose the
same consumer harms are subject to TCPA consumer
protections. Specifically, consumer consent is required for text
messages sent from text messaging apps that enable entities to
send text messages to all or substantially all text-capable U.S.
telephone numbers, including through the use of autodialer
applications downloaded or otherwise installed on mobile
phones. Consumers face the same privacy impact and may incur
data costs from such texts. To free these texts from the TCPA’s
protection would leave a glaring gap in the statute’s coverage.”
(¶116)

31. TCPA Compliance Strategies – For
Creditors, Service Providers, Mobile
Marketers and Collection Agencies
Systems: Maintaining a single system to track/ record
evidence of consents and revocation - vital for future
litigation).
• Documented training on “Do Not Call” requests
• Role of call recording – KEY EVIDENCE

32. Compliance/Take Aways
1. Use cell phone ID technology to identify cell phone numbers
and ported numbers (See FCC warnings)
2. Train Representatives to obtain Consent from consumers
and to DOCUMENT: whether there is prior express consent
to call consumer using dialer. (Do we have consent to call you
at this number)
3. Include express consent language and arbitration clauses
with class action waivers in contracts - (Add language:
consumer required to notify immediately if telephone
numbers change at any time; Terms and conditions can
only be revoked in writing.)
4. CREDITOR - Use Broad Consent Language in
Terms/Conditions - WIN/WIN - Protect others down the line
– may help defeat vicarious liability argument

33. Take Aways, continued
5. Avoid caller ID “capture” of telephone numbers on inbound calls –
Don’t use dialer.
6. When in doubt, manually dial calls – or look to other non-dialer
solutions –until PEC is obtained.
7. Document proper consent in software, identify phone fields for
cell numbers when PEC obtained! (could help mitigate risk of class
certification)- RECORD, RECORD, RECORD – as means to
capture Oral consent.
8. If you don’t have Documented Consent, Don’t use Autodialers
9. Be able to distinguish between numbers received from consumer
vs. any other method. DANGER – skip tracing.

34. Take Aways, continued
9. Discard random or sequential number generator programs
in dialers. CAVEAT: Old legacy software?
10. Examine securities filings, websites, responses to
RFP, Marketing materials, to avoid references to “dialers,”
predictive, auto-dialers, ATDS, etc. May have to look back
as to what was stated in prior docs due to potential 4-year
TCPA statute of limitations in some jurisdictions.
11. Policies and Procedures: Dish Network 2013 Ruling - the
necessity of updated and effective company-wide policies and
procedures.
• If it is not in writing it does not exist!
• Protect the board!

35. Layering
Create a layering of consents:
• Prior policies, language in contracts on applications,
verifications via telephone calls/text messages
– Patching systems and contract documentation problems
– No one is perfect
– Breaking up the class action

36. THANK YOU
QUESTIONS?
David J. Kaminski, Partner
CARLSON & MESSER LLP
5959 W. Century Blvd.
Suite 1214
Los Angeles, California 90045
Dir: (310) 242–2204
E-mail: kaminskid@cmtlaw.com

37. TCPA Data
Compliance Tips from
an Industry Veteran
Ryan Thurman
Contact Center Compliance
Sales and Marketing
Director

38. Wireless Scrubbing 101
• How to identify wireless numbers at carrier level
• NeuStar ported role. Almost 5 million ports
• Most companies rely on a vendor for expertise

39. Vendor Selection Tips
• Are they an authorized NeuStar reseller?
• Do they offer indemnification for scrubs?
• What other scrubs are offered?
• VoIP, Litigator, DNC?

40. Also Subject to TCPA Rules
• Business to business calls
• Political and Survey Calls
• Not just large companies at risk
• Inbound calls that result in call backs
• Watch out for setup calls
• States have their own rules on wireless restrictions

41. General TCPA Tips
• Hire and an expert vendor
• Scrub as often as possible (real time or daily)
• Audit your dialer call history
• Automate dialer scrubs if possible.
• Remove litigators from inbound and lead gen
• Audit your vendors and partners. Vicarious liability.

42. Mitigating the Risk of TCPA
Mitch Young
Neustar
Senior Director,
Risk & Identity

43. You Interact with Neustar Everyday
We Help Manage Identity in the
Telecommunications Industry
• Power 70% of ALL CallerID & Directory Assistance in the
US
• Enable 7 Billion Daily Text Messages
• Enable 4 Billion Daily Phone Calls
• Enable 1.4 Billion Daily Real-Time Verification Queries
We are measured one record at a time -
billions of times a day

44. Keys to Driving Efficiency & Managing TCPA
Risk

45. Tips to Minimize TCPA Exposure
• Risk lies in Reassigned phone numbers.
• Inefficiency lies in Reassigned and Inactive
phone numbers
• The following steps help mitigate your risk and
improve efficiency:
1. Identify Phone Type: Landline vs.
Wireless + OTT VoIP.
2. Verify Ownership: Verify number still
belongs to consumer who gave consent
3. Repeat as necessary

46. Neustar’s Verification for TCPA Solution

48. Geoff Mina
Connect First
CEO

49. Features:
100% Non-ATDS Platform
Technical and Contractual Safeguards
Full End-to-End Audit and Reporting Capability
Integration with DNC.com for Federal/State/Local/Cellular Scrubbing
Consent Management

51. Questions?
TCPA Compliance
Webinar Series