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Auto-dialer regulatory posture

Is EmberDial an ATDS? Our position after Facebook v. Duguid.

EmberDial is a human-supervised dialer. Campaigns run in power or predictive mode, agents can also dial by hand from the dialpad (click-to-call), and every outbound attempt is anchored to an agent at a workstation. We do not generate target numbers using a random or sequential number generator, and we do not market the Service as an Automatic Telephone Dialing System within the meaning of the TCPA as clarified by Facebook, Inc. v. Duguid (U.S. 2021).

Our posture, in one paragraph

EmberDial dials numbers our customers upload, source, or buy from regulated lead vendors. We do not generate phone numbers, we do not randomize them, and we do not sequentially walk a range. A live agent must be signed in to a workstation, in an active dialer session, before any outbound leg is placed. Predictive pacing only controls when the next queued lead is attempted; it does not invent target numbers and it does not run without an agent attached.

For how power, predictive and manual dialing differ on abandoned-call risk and state autodialer wording, read our guide to power vs predictive dialing.

Click-to-call mode

For warm-lead and re-engagement workflows where the agent wants an explicit record that the call was agent-initiated — typing the number into the cockpit dialpad themselves — we offer a built-in manual dialpad. Every press of the Call button writes an audit row capturing the user, the target number, the timestamp, and the compliance cascade decision.

Owners can turn click-to-call on or off for each user from the Team page. Before a dialpad call rings, EmberDial checks your internal DNC list and, for agencies with a SAN on file, that the federal DNC scrub is current. It applies a fixed 8am to 9pm, Monday to Saturday window in the lead’s local time, the federal holiday block, the Texas, Alabama and Louisiana windows and the state attempt caps. Unlike a campaign dial, a dialpad call does not re-check the lead’s DNC.com screening result.

Mid-call DTMF tones for navigating phone trees during a warm transfer route through the same audited path.

What this page is not

  • This page is not legal advice. The TCPA, state-level mini-TCPAs, and the federal Telemarketing Sales Rule still apply to your outbound calling regardless of which tool you use. Consult counsel for jurisdiction-specific guidance.
  • We do not claim that any dialer makes you immune to TCPA plaintiff claims. Posture is one factor; consent records, calling-window discipline, DNC scrub cadence, and recording retention matter more.
  • The Subscriber (your agency) remains the legal caller for federal DNC SAN registration, DNC.com, FCC RND, and any state-level reassigned-number-database queries.

Legal anchors

The v2 agreements below are drafts, not yet in effect. Customers accept the Master Services Agreement v1 and the Acceptable Use Policy v1 today.

Questions about our posture for a specific use case?

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