Court Ruling Affirms CBE TCPA Compliance

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Florida Case Confirms CBE’s Manual Clicker Application Provides Human Intervention in Dialing Cell Phones

A Monday court ruling affirmed CBE Companies’ (CBE) innovative solution for dialing cell phones complies with the Telephone Consumer Protection Act (TCPA).

The U.S. District Court for the Southern District of Florida decision found CBE’s use of its patent-pending Manual Clicker Application (MCA) did not violate the TCPA when CBE called a consumer’s cell phone.

For CBE President and Chief Operating Officer Chad Benson, the ruling reinforces CBE’s confidence in its TCPA-compliant solution for eliminating TCPA risk for both CBE and its clients, as well as protecting consumers.

“This very important decision from the Court validates the time, money and effort invested in our TCPA-compliant solution. This important ruling affirms this powerful compliance tool protects both CBE and its clients from TCPA risk, while eliminating performance and regulatory problems associated with other dialing alternatives,” Benson said.

The Court issued a summary judgment for CBE in S. Ryan Strauss v. The CBE Group, Inc. and Verizon New England Inc. (Case No. 15-62026-CIV-COHN/SELTZER) In the ruling, CBE Judge James Cohn noted the issue was whether the equipment supporting the MCA would be classified as a predictive dialer. Cohn found “The overwhelming weight of the evidence indicates that it was not.”

The MCA is the result of continued technology innovation by CBE’s technology and consulting subsidiary, Madison Wyatt. After CBE segments consumer accounts with cell phones, the patent-pending MCA allows CBE to comply with the requirements set forth in the TCPA and subsequent Federal Communication Commission orders.

The MCA provides human intervention which initiates each call without the use of a predictive algorithm. Development of the MCA has proven to provide an immeasurable benefit for CBE’s clients facing increased risk both directly and indirectly. CBE experienced significant performance increases and operational efficiency utilizing the MCA as compared to manually dialing cell phones. In addition, the MCA allows CBE full operational benefits associated with typical “non-compliant” dialers that provide built in compliance features for the entire range of regulations applicable to call centers and debt collection.

Attorney Dale Golden of Golden Scaz Gagain, PLLC, represented CBE in the case.

“We view this decision by the Court as confirmation that industry leaders like CBE can protect themselves from TCPA liability by designing products and procedures to ensure calls placed do not fall under the purview of the statute. While the concept of “human intervention” has been subject to various interpretations by different courts, this decision leaves little doubt that CBE’s MCA lives up to its designer’s intent —protecting creditors and agencies from TCPA liability,” Golden said.

About CBE Companies
Founded in 1933, CBE Companies is a global provider of outsourced call center services focused on connecting people with solutions. The company specializes in receivables management and customer care services. This narrow focus has enabled the company to be an expert in every aspect of the business. From a one-of-a-kind culture immersion approach to a proven ramp process, CBE’s focused expertise saves its partners money and enables them to focus on their core business.

CBE approaches every business relationship as a strategic partnership. The company shares in its partners’ successes and failures and strives to create more of the former and less of the latter. CBE firmly believes transparency and communication are the cornerstones in the foundation for success. The company’s approach to a strategic partnership begins with open communication; this assures CBE partners that the team handling their business is committed to delivering customer insights, ideas and new ways to accomplish goals.

With more than 1,500 people in six locations globally, CBE Companies can deliver the right solution in the right location(s) for your ever-changing business needs. Its corporate headquarters is located in Cedar Falls, Iowa, with two facilities in Waterloo, Iowa, and additional facilities in Overland Park, Kansas; New Braunfels, Texas and Manila, Philippines. The organization is consistently recognized as a local Employer of Choice. It has also been recognized by Workplace Dynamics as one of Iowa’s Top Workplaces. For more information about CBE Companies, please visit http://www.cbecompanies.com or call 888-386-0273.

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