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.
What are the risks?
Because of the varying and often broad definitions of what an autodialer is, it has been argued that a Click-to-Dial system is an autodialer and therefore subject to the same consent rules.
Are Cell Phones Considered Click-to-Dial?
Cell phones are generally thought to be manual calling devices, like many click-to-call systems. However, there has been no clear or consistent guidance from the FCC or the courts as to whether or not a cell phone is considered a click-to-dial device. TCPA compliance on this issue depends entirely on specific district court rulings for specific jurisdictions.
Smith v. Stellar Recovery, Inc., et al.
A magistrate judge for the U.S. District Court for the Eastern District of Michigan determined that a Click-to-Dial system is not an autodialer because it does not dial phone numbers without human intervention. Because of the inclusion of the “clicker agent,” each individual phone call must be initiated by a human.