Well, we are all still trying to cope with the fallout from Morgan and now we have something new to worry about—wait queue messages.
Framing the issue—when a predictive dialer places a call and there is no agent available to take the call a pre-recorded voice message is sometimes played to consumers while the system places them on hold to await the availability of an agent. As these systems are designed to accurately predict agent availability this should be a relatively rare event. Nonetheless, it has never been held that the mere playing of a “we’ll be right with you” message on an outbound call is per se subject to the TCPA—until now.
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