Security Dealer & Integrator

OCT 2018

Find news and information for the executive corporate security director, CSO, facility manager and assets protection manager on issues of policy, products, incidents, risk management, threat assessments and preparedness.

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52 Security Dealer & Integrator / October 2018 Central Station Monitoring Resource Guide would hinder the ability of alarm companies to make these calls and/or increase the liability exposure of companies. The AICC also urged the FCC to adopt a strict construction of what constitutes an autodialer, and follow the language in the TCPA. Specifically, the AICC argued that to be an autodialer: • Equipment must use a random or sequential number generator to store or produce numbers and dial those numbers without human inter- vention; and • Only calls using actual ATDS capabilities are subject to the TCPA's restrictions. Thus, in order to be considered an ATDS, "the requisite functions of generating and dialing random or sequential numbers must actually be used in making or initiating a call." The AICC also argued that "called party" should mean the person intended to receive the call; thus, for exam- ple, a company would be able to use an autodialer to contact a wireless device when it has received permission to do so from its customer, even if the number has been reassigned to someone who has not given the company permission to call the number. Reassigned Phone Numbers The FCC is also considering comments filed on whether there should be a database of reassigned telephone numbers to help prevent violations of the TCPA. The AICC and others argued that the database question is premature and should not be decided until the FCC rules on the proper interpretation of "called party." If the FCC finds that "called party" is the party a company intended to call, as argued by AICC, then a reassigned number database may not be necessary. AICC also expressed concern regarding the cost of a database and the ability of small companies to be able to afford to use it. The record indicates that creating and maintaining a reassigned numbers database would be expensive; however, there is no information on what the cost actually would be. Further, many commenters argue that the FCC must require companies that access the database to pay for all associated costs of developing and maintaining the database, which means the cost to access the database could also be high. The AICC argued that if small companies are not able to afford access to the database and, therefore, are unable to use it, then they may be precluded from getting any safe harbor protection from the TCPA. This, in turn, would either require small companies to forego making lawful autodialed calls to efficiently contact their cus- tomers or, if they make autodialed calls without accessing the database, they will still face class action trolls and tremendous liability for violating the TCPA. In addition, it can be expected that cost will not impact larger companies as much as small companies, and they will be able to access the database, obtain safe harbor protection and, there- fore, continue to make calls to efficiently contact customers, to the detriment of the ability of small companies to compete. Thus, if the FCC does implement a reassigned numbers data- base, it must ensure that the database is equally accessibly by all entities before its implementation. While this information is current as of Aug. 2018, both of these proceedings are still pending, and it is not known when the FCC will release an order to resolve these issues and final- ize new rules. The AICC will continue to monitor the proceed- ings, take action as appropriate and inform the alarm industry of updates. ■ » Elizabeth Lasko is VP of Marketing and Communications for The Monitoring Association (TMA). Learn more at A broad interpretation of the term autodialer would hinder the ability of alarm companies to make a variety of calls to customers, while also increasing the liability exposure of those companies.

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