Five9’s Agentless Dialer and the TCPA FAQs

Is Five9’s agentless dialer an “Automatic Telephone Dialing System (ATDS)” under the Telephone Consumer Protection Act (TCPA)?

While we aren’t providing legal advice (and ultimately only judges can decide what is and is not an ATDS), based on our dialer product design and capabilities and how the TCPA regulations and court rulings have evolved, we don’t believe our agentless dialer to be an ATDS as defined under the TCPA. We think your lawyers will agree with us, and we provide these FAQs so that you have the information you need to make your own determination.

What’s an “ATDS”?

According to the U.S. Supreme Court in Facebook v. Duguid, to be an “ATDS” under the TCPA (sometimes referred to as an “autodialer”), a device must have the capacity either to (1) store a telephone number using a random or sequential generator or (2) produce a telephone number using a random or sequential number generator.

Why isn’t Five9’s agentless dialer an “ATDS”?

Five9’s agentless dialer does not have the capacity to store or produce telephone numbers to be called using a random or sequential number generator. In fact, Five9’s dialer does not generate phone numbers at all, whether randomly or sequentially. Our customers bring their own lists of phone numbers to call when using our dialer.

Are any of Five9’s dialers an “ATDS” under the TCPA?

No. We do not believe that any of our dialers meet the definition of an ATDS. Five9 offers three different types of dialers – agentless, “standard,” and Manual Touch Mode. The agentless dialer is designed to deliver automated messages to customer contacts. Our “standard” dialer is designed to optimize connecting agents to customer contacts and offers four configurable dialing modes (predictive, power, progressive, and preview). Manual Touch Mode offers preview dialing, where contact records are delivered to the agent, who then initiates the outbound dial. None of these modes has the capacity to store or produce telephone numbers to be called using a random or sequential number generator. See here for additional information on our dialers.