AI Outbound Dialing: Compliance Issues
Introduction
Generative AI has rapidly advanced, offering new opportunities for contact centers. Voice bots can now engage in conversations that feel nearly human. Additionally, speech synthesis can produce voices that are almost indistinguishable from real ones, allowing for semi-realistic AI voice interactions.
For organizations aiming to enhance efficiency or handle large volumes of outbound contacts, the question arises: what compliance issues should be taken into consideration when considering bringing in AI to automate the initial conversations?
This article explores key compliance considerations for using AI voice to make outbound calls more efficiently.
Compliance Isssues
One of the biggest issues you will need to overcome when making automated outbound contact is how you’ll ensure compliance with the relevant legislation in the countries you are dialing into.
Automated dialing compliance
Most jurisdictions do not completely ban automated phone calls but have specific regulations that must be followed. For example:
In the US, the Telephone Consumer Protection Act (TCPA) requires telemarketers and debt collectors to obtain prior express written consent before making automated calls. For other calls, or when customers have agreed to automated contact, the FCC mandates that customers must be able to opt out of future calls at any time during the conversation, with this option clearly communicated at the beginning. Additionally, there is a three-call limit per residential phone number within a thirty-day period, alongside other TCPA restrictions.
In the UK, Ofcom requires that automated calls are made only to individuals who have given permission. If the AI connects the customer to a human agent, the transfer must occur without an unfairly long wait time.
In Australia, while there are no specific restrictions on automated calls, they must comply with ACMA rules, such as identifying the caller and the call’s purpose at the start. The Spam Act also requires providing an easy way to unsubscribe from future calls.
Before implementing an AI-driven outbound calling system, it’s crucial to consider compliance with these regulations. While countries like Australia have relatively straightforward rules, the US has more detailed requirements enforced by the FCC.
Privacy laws and customer data
Beyond compliance issues with automated outbound contact, broader privacy legislation must also be considered.
Training AI with customer conversations is essential for optimal performance. Without this training, the AI might struggle with the nuances of your customer interactions.
Some compliance requirements might be met by informing customers that calls will be recorded for quality and training purposes. However, other considerations include:
In GDPR-covered jurisdictions, customers have the right to be forgotten. This involves more than just deleting CRM records and call recordings if the AI has already processed this information.
Do you have the legal right to use customer data for AI training? While using call recordings with a disclaimer might be permissible, using additional customer data to enhance AI conversation quality could pose compliance risks.
Some jurisdictions limit the retention period for customer data. If the AI retains processed data indefinitely, this might introduce compliance risks.
Given these concerns, AI might be better suited for handling inbound calls. When customers initiate contact with a clear purpose, it minimizes compliance risks and leverages AI’s strengths in tasks like processing payments or retrieving information.
Technological and feasibility issues
Beyond compliance issues, several technological and feasibility concerns must be addressed before using an AI agent for outbound dialing.
Latency: How quickly can the AI respond to a customer? This is crucial for international calls, where delays of three seconds or more could negatively impact the customer experience.
Transcription issues: Can the AI accurately understand customer speech, considering call audio quality? Customers may become frustrated if they have to speak unusually clearly for the AI.
Controlling the AI: What if the AI deviates from the prescribed messaging? There have been cases where AI chatbots behaved inappropriately despite controls, such as expressing romantic interest in users.
Utilizing customer data: With traditional dialing, agents can learn about the customer before the call and tailor their messaging. How will you leverage customer data with AI? If valuable information is available about the customer, it’s essential to use it effectively; otherwise, your calling performance may decline.
Handoff to real agents: How will you transition conversations to real agents, especially if the AI malfunctions? If the handoff occurs deep into the conversation, how will the human agent be briefed on the call’s context?
Get your free consultation with Born Digital
AI can significantly improve the efficiency of large-scale outbound dialing for specific use cases, as demonstrated by our clients at Born Digital. However, it’s crucial to understand and adhere to relevant regulations to ensure compliance.
We at Born Digital are experts in outbound AI voice bot solutions, having successfully assisted numerous clients in building and deploying their own bots. Our team of specialists ensures compliance with all relevant regulations, delivering efficient and effective AI-driven communication strategies. To learn more and get started, schedule a free, non-binding consultation with our team of experts.