Many companies just aren't going to comply with Do Not Call and TCPA Laws. Why? Maybe they're making too much money. Maybe they've always marketed without compliance - or their business model couldn't survive. But rest assured - pro TCPA consumer litigants and prosecutors love taking advantage of these vulnerable companies. If you've chosen to not comply with call prohibition laws, at least don't contact people that have sued before. They're just waiting for your call!
Why Professional Consumer TCPA Litigants hope you never discover Litigator Scrub:
1. After a TCPA court case, your company name gets published by the FTC and CFPB.
So predatory attorneys know where to find you. You're famous now. And they'll turn right around and sue you again. Statistics show almost 40% of folks that have sued once under the statutes will do it again. If you'd have never called the pro, you wouldn't have gotten sued.
2. Lots of companies have no TCPA protections at all.
Professional consumer litigants love these easy targets. So why not cull out professional consumer claimants to "up" your chances of avoiding court.
Businesses making calls with no National DNC list signup, internal company list, State DNC signups or other DNC policies, procedures and enforcements are a walk in the park for Attorneys and their clients. But you still have to call them, or they can't attack.
3. Judges hate it when a business shows "no attempt to comply".
So they come down extra hard on excuse-ridden offenders. Not to mention fines go from $500 per violation to $1500 per violation when "intent" is added to DNC and TCPA altercations. If you're going to make no attempt to comply, don't make things worse by calling folks that have sued before.
4. Lots of companies are making too much money without complying.
And just wait for TCPA violations to show up. Merrily spinning the dialer. "Our lawyer will take care of things - we'd rather just pay the fine. Again, if you had never called the professional consumer specialists in the first place, they wouldn't have wrecked your party!
Prosecuting attorneys live for companies that do nothing with compliance - as they're the best candidates for class actions in the millions of dollars.
5. Professional Consumer Litigants won't stop once engaged.
They love what they do, and can make your life miserable. Give them an inch - say the wrong thing, call at the wrong time, give up a sponsor company's name with deep pockets - and they'll take a mile. You'll never get rid of them. They like nothing better than to see you suffer, and don't care how long it takes, or how much money it costs.
6. The Telephone Consumer Protection Act is unfairly slanted for the Consumer.
And once you're involved in a suit, it's too late. Heck, it's tough enough making calls without running afoul of the TCPA already, but to intentionally call individuals that have sued before? That's just not a prudent business decision!
7. Litigator Scrub is cheap.
Probably the lease expensive and least intrusive step you can take to comply with the Do Not Call and TCPA laws is to never call people that have sued before under the statutes. Pro consumer litigants hope you never find out how easy and inexpensive it would have been to avoid them!
8. Litigator Scrub has very little number fallout.
It won't affect your calling patterns or number of calls by suppressing less than 1% of your calling universe with these offenders.
Judges will always err on the side of the consumer.
When confused. When interpretations aren't clear. When the FCC has declined to comment further - you can bet: The consumer will win in the "that's not clear to me" game - And they know it.
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Do you really want to hear: "Just send me a copy of your Do Not Call Policy and I'm sure we can quickly clear this matter up." After you cut a check for $1500 which I'll raise to over $3000 if I have to file in court.
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Do you really want to receive a form letter with National Do Not Call List signup date and instructions on where to send the money? (Or I'll proceed accordingly.)
So one of the most efficient ways to steer clear of TCPA lawsuits: Don't call people that have sued before.
But professional consumer claimants would rather you not know that!
For more information on just not calling the 90,000 former DNC, TCPA, FDCPA, FCRA and Consumer Financial Protection Bureau professional consumer litigants - just call me at 561-317-3001 or email me here - Bob
Related Articles:
- Don't call people that have sued before under the TCPA: Previous Litigants.
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Litigator Scrub critical to TCPA FDCPA Compliance after FCC Declaratory Ruling
- Do I need a Litigant Scrub if I'm already scrubbing for TCPA and DNC Cells?
