An automated text message is a text message sent to a consumer or consumers through the use of an automated text messaging platform. Regardless of whether the message itself is manually or automatically generated, it is treated as an automated text message if an autodialer platform is used to deliver the message.

The courts have been unanimous in the viewpoint that a call is a text and a text is a call. Automated text messages should be treated exactly like calls placed using an autodialer and the same consent rules should be observed.

Ringless voicemail is a calling method whereby a prerecorded message is placed directly into a voicemail inbox without normally making the target phone number ring or display a missed call. Recipients are also generally not billed for the delivery of the ringless message.

Cell phones are generally thought to be manual calling devices, like many click-to-dial systems. However, there has been no clear or consistent guidance from the Federal Communications Commission (FCC) or the courts as to whether or not a cell phone is considered a click-to-dial device. Telephone Consumer Protection Act (TCPA) compliance on this issue depends entirely on specific district court rulings for specific jurisdictions.

A click-to-dial system is a less automated version of a predictive dialer system. Like a predictive dialer, it operates from a list of phone numbers. However, rather than automatically placing the calls and directing them to agents like in a predictive dialer system, it sends the phone numbers to a live agent, who clicks something to initiate each individual call.

There has been no clear or consistent guidance from the Federal Communications Commission (FCC) or the courts as to whether or not a cell phone is considered a predictive dialer. Telephone Consumer Protection Act (TCPA) compliance on this issue depends entirely on specific district court rulings for specific jurisdictions.

A predictive dialer system operates from a list of phone numbers, automatically dials multiple numbers simultaneously and directs the calls to live agents based on predictions about when the agent will likely be available to handle the call. If the consumer answers, the system directs them to an agent. If the agent is unavailable, it often drops the call.

The Telemarketing Sales Rule (TSR) has a safe harbor provision specifically designed for predictive dialers that allows for a 3% call abandonment rate.

Also known as “soundboard technology,” avatar technology was described by the D.C. District Court of Appeals as a technology that “enables telemarketing agents to communicate with consumers over the phone by playing prerecorded audio clips instead of using the agent’s live voice. The agent can choose a prerecorded clip to ask questions or respond to a consumer while retaining the ability to break into the call and speak to the consumer directly. Soundboard also enables agents to make and participate in multiple calls simultaneously.”

An autodialer with a prerecorded message (commonly referred to as a “robocall”) automatically dials a phone number and waits for a live answer. Upon answer, a prerecorded message will play. If the consumer is then prompted to interact with the system by pressing buttons, this is known as interactive voice response. There is normally a delay between the consumer answering and the connection to the prerecorded message.

Further Reading

• What Is a Robocall?

It is not clear whether or not a cell phone would be considered an Automatic Telephone Dialing System (ATDS). The Supreme Court's decision in Facebook v. Duguid mentions the possibility that the broad interpretation of the TCPA's ATDS definition could potentially render all smartphones as dialers, citing this possibility as part of its rationale for adopting the narrower ATDS definition.