Can I Text?

Since the 1990s, the law has placed certain restrictions on telephone solicitations and advertising (telemarketing) for calls initiated with an automated telephone dialing system (ATDS or autodialer) or that use an artificial voice or pre-recorded voice message. These restrictions also apply, albeit with some differences, to non-telemarketing “informational” calls, such as debt collection. With no subsequent statutory updates, limited regulatory guidance, and conflicting court decisions, there remains uncertainty on the application of these restrictions to modern technology, such as mobile phone text messaging. This Q&A provides information on how organizations may use the FICO® Customer Communications Services solution to increase the effectiveness of debt collection with text messaging, and a description of certain considerations with respect to applicable legal restrictions.