The Court found that soundboard are subject to regulation,
“The traditional robocall is a one-way, pre-recorded communication that does not involve any human interaction. Soundboard technology, on the other hand, allows for a two-way conversation between the caller and recipient. After initiating a soundboard call, a live sales agent uses pre-recorded audio clips to respond to the recipient’s statements and can, if necessary, opt to engage in a live conversation with the consumer. Thus, like a robocall, soundboard technology uses pre-recorded messages to market a good or service, but ultimately differs from a robocall because it depends on a live sales agent.
. Before the new regulations went into effect in September 2009, see 73 Fed. Reg. at 51,164, a telemarketing firm, Call Assistant LLC, sent a letter to the FTC seeking clarification of whether the technological distinction placed soundboard calls outside of the scope of the robocall regulation.”
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