Compliance considerations

Last Updated : Sep 07, 2022 |

POM is an application that enables customers to automate their outbound contact handling by utilizing sophisticated strategies across multiple channels, including Voice, Email, and SMS. POM’s industry leading Call Classification Analysis and associated Answer Machine Detection capability helps to ensure the greatest level of productivity and also addresses the regulatory requirements.

To contact customers, POM only utilizes contact data that is made available by external sources.

For example, data that is:

  • Uploaded or imported within contact lists.

  • Provided by external applications or data sources through Application Programming Interfaces.

  • Provided by agents when interacting with the solution.

  • Provided by automated (self-service) applications.

POM off the shelf does not generate any contact information by itself, either randomly or sequentially.

POM provides the following features to help customers achieve regulatory compliance related to the rules. It is the customer’s responsibility to use POM in compliance with all the applicable laws or regulations.

Feature

High level requirement

Feature support offered by POM

Nuisance Call Rate

The Nuisance call rate shall be no more than 3% of live calls per campaign (i.e. across call centers), or per call center (i.e. across campaigns) over a 24 hour period. The abandoned call rate must include a reasoned estimate of Answer Machine Detection (AMD) false positives and may exclude a reasoned estimate of calls abandoned to answer machines.

POM supports pacing calls to manage the desired Nuisance call level by utilizing the “Cruise Control” algorithm.

POM Cruise Control algorithm, when using predictive dialing, allows for maintaining the service level such that the number of abandoned, or nuisance calls is within the limit administered for a given campaign.

Compliance across multiple systems or across a call center has to be ensured by the call center management, or customer.

POM needs be configured to reset the cruise control algorithm every midnight (12:00 AM). In such case, POM resets the number of call hits and number of abandoned, or nuisance calls so that the algorithm maintains the number of nuisance calls to be within limit of that particular day. Without such reset, the algorithm would manage the nuisance for the life time of the campaign, rather than a given day. POM provides an option to configure an estimate for the false positive rate of the Answer Machine Detection (AMD) algorithm, and considers the same in the calculation of nuisance rate. The system default is 3% which must be changed in the implementation process to reflect the reasoned estimate determined for the particular customer environment.

POM raises an alarm POMCD003, when the nuisance rate exceeds the configured value for a campaign.

If the nuisance rate exceeds the configured value for the day, then POM generates an alarm POMCD918. POM checks and calculates the nuisance rate at the interval of every 20 seconds. The campaign administrator needs to take an appropriate action upon receiving alarms.

Note:

The use of the Expert Calling Algorithm is not recommended to manage such a compliance requirement. The Expert Calling Algorithm does not support an automatic management against a given service level or nuisance rate. Supervisors are to monitor nuisance levels manually and intervene when necessary.

Information Message - Timing and Content

In the event of an abandoned call (other than an AMD false positive), a very brief recorded information message must start playing no later than two seconds after the telephone has been picked up or within two seconds of the call being answered. The information message must contain at least the following information:

POM can be configured to play an informational message when an agent cannot be made available either within 2 seconds after the telephone off-hook event, or within 2 seconds after the live voice energy is detected (contact begins to speak).

Starting with POM 3.0.4, a background AMD detection capability is introduced. It supports POM to continue the classification of a call for potentially being an answer machine after the call connects to an agent (in order to comply with patching the call to an agent within 2 seconds), but the detection of an answer machine is incomplete.

  • The identity of the company on whose behalf the call was made (which will not necessarily be the same company that is making the call);

The contact center management, or customer must address this requirement.

The message to be played has to be provided by the contact center manager, or customer.

  • Details of a Special Services (080 – no charge) or a Special Services basic rate (0845 only) or a Geographic Number (01/02) or a UK wide Number at a geographic rate (03) number the called person can contact so they have the possibility of declining to receive further marketing calls from the company; and

The contact center management, or customer must address this requirement.

The contact center manager, or customer must provide the message to be played.

  • includes no marketing content and is not used as an opportunity to market to the called person.

The contact center management, or customer must address this requirement.

The contact center manager, or customer must provide the message to be played.

Unanswered Calls

Calls which are not answered must ring for a minimum of 15 seconds before being terminated.

POM allows configuring the timeout parameter for outbound calls within the campaign strategy associated with the campaign. The default value of this parameter is 45 seconds. The administrator can configure the timeout parameter as desired. POM shows a warning in the form of tooltip if a value to less than 15 seconds is attempted to be configured.

72 Hour Policy

When an abandoned call (other than an AMD false positive), has been made to a particular number, any repeat calls to that number in the following 72 hours may only be made with the guaranteed presence of a live operator.

POM provides an out of the box 72 hour rule at the system level, which blocks further calls for 72 hours. The system administrator must associate the rule to the campaign.

POM marks the address restricted due to 72 hour rule with a specific completion code.

As an option the campaign strategy in POM can be configured to handle the completion code, such that the same address can be dialed again by an agent as a preview dial attempt. This would ensure that an address restricted by 72 hour restriction can be attempted by a guaranteed agent.

24 Hour Policy

When a call has been identified by AMD equipment as being picked up by an answer machine (including AMD false positives), any repeat calls to that specific number within the same 24 hour period may only be made with the guaranteed presence of a live operator.

POM provides an out of the box 24 hour rule at the system level, which blocks further calls for 24 hours (same business day). The system administrator must associate the rule to the campaign.

POM marks the address restricted due to 24 hour rule with a specific completion code.

As an option the campaign strategy in POM can be configured to handle the completion code, such that the same address can be dialed again by an agent as a preview dial attempt. This would ensure that an address restricted by 24 hour restriction can be attempted by a guaranteed agent.

Caller Line Identification

For each outbound call a Caller Line Identification (CLI) number is presented to which a return call may be made which is either a geographic number or a non-geographic number adopted as a Presentation Number which satisfies the Compliance Guide to the use of Presentation numbers.

POM allows configuring the CLI to be used on the outbound call within the campaign strategy associated with the campaign.

POM provides the following two options:

  • Utilizing an administered CLI value per strategy.

  • Fetching the CLI from a field, or attribute of the calling list record within the calling list.

Marketing

Any call made by the called person to the contact number provided shall not be used as an opportunity to market to that person, without the person’s consent.

The contact center management, or customer must address this requirement.

Record Management

Compliance expects that where organizations are subject to this statement, records are kept for a minimum of six months that demonstrate compliance with the above policy and procedures.

POM has provision to export campaign data either at the end of a campaign or on a schedule basis.

Customers are advised to store data externally to persist as required for compliance purposes.

Note:

Compliance rules do apply to predictive or progressive dialing modes, whereby they are not necessarily applicable if the POM solution is used in Preview mode or Manual mode. There is no over-dialing in Preview and Manual dialing as only a single call is placed with the agent being in the call for its full duration also qualifying the call progress. In case of Preview or Manual, the agent has to ensure to respond to the customer according to the compliance regulation.

Nuisance call rate formula

The nuisance call rate calculation formula is:


NCR= ((Nuisance Calls – EstAbandToAnsMach)+AMDFalsePositiveRate * (Calls PassedToLiveAgent – CallsToAnsMachToLiveAgent)) / ((Nuisance Calls – EstAbandToAnsMach)+ (CallsPassedToLiveAgent - CallsToAnsMachToLiveAgent))
EstAbandToAnsMach = (CallsToAnsMachToLiveAgent * NuisanceCalls)/CallsPassedToLiveAgent
  • NuisanceCalls = Abandoned calls

  • EstAbandToAnsMach = Estimate of calls abandoned to an answer machine

  • CallsPassedToLiveAgent = Calls passed to live agents

  • CallsToAnsMachToLiveAgent = Calls passed to an agent and marked by the agent as answer machine.

    If the Consider Answer Machine by Agent check box is enabled in the campaign wizard. This setting needs to be enabled if inclusion of an estimate of calls abandoned to an answer machine is desired.

    Additionally the administrator has to define the completion codes being considered as Answer machine by Agent. It is the responsibility of the agent to select such a completion code in case of false negative detection, otherwise POM will not consider such calls in the nuisance calculation.

  • AMDFalsePositiveRate = Answer Machine Detection False Positive Rate

    This setting allows for entering a reasoned estimate for an answer machine false positive rate in the campaign wizard. The default value for Answer Machine Detection False Positive Rate is 3.

A call is marked as nuisance as outlined:
  • For Agent based campaigns:

    • Customer call is connected but the system disconnects the call before live voice timeout expires or before POM finds an available agent.

    • Customer call is connected but time taken to connect to the agent is more than live voice timer set during campaign administration or the customer disconnects the call in this process (Nuisance application is played. This case is not applicable for enhanced CCA)

      Note:

      Applicable only if the Consider Answer Machine by Agent check box is disabled in the campaign wizard,

    • If the Consider Answer Machine by Agent check box is enabled in the campaign wizard and when customer call is disconnected by the system or customer while call classification was in progress.

    • Customer call is attempted to connect to an agent while the agent state is changed by another event at the same time.

  • For Agent less Campaigns:

    • In case of a delay of more than 2 seconds between Customer’s off hook event and first prompt event of the notification application.

    • If the Consider Answer Machine by Agent check box is enabled in the campaign wizard, and when the customer call is disconnected by system while call classification was in progress.

      For more information about the start of voice timer and live voice, see the POMDriver application from shipped applications section.