Some call center managers and phone marketers just aren't going to get compliant with the Telephone Consumer Protection Act, ever. No matter what. Calling cells without scrubbing. Unregistered with any State or National Lists. Letting the robodialer spin free. (And in denial about it.) "We have two people that call 30,000 numbers a month completely by hand. We're good." Please, if you have no plans to comply with the TCPA, at least don't call the folks that have sued before under the statute - and will do it again. [Click Video]
You want to be TCPA compliant but...
You know TCPA protections should be front and center. But the boss is playing golf at Torrey Pines and doesn't care. As the compliance officer or operations manager, you know how quickly things can go wrong. How expensive having zero protective compliance provisions can be. And who it will all come back to when those regulatory compliance giants come to life. Will it be the FTC, FCC, State AG's or some smart consumer litigant?
Why doesn't everyone eliminate professional consumer TCPA litigants before calling?
Why would you intentionally call folks that can put you out of business? People that live to tar and feather, skewer, season and stuff phone marketers at the stake. The same folks that won't get off the couch to see who's at the front door - will die running a marathon to make sure you don't ring their phone. And scammers routing untraceable calls all over the world keep their dander up. Keep that wound festering. Keep the dream alive of taking out anyone that uses the phone.
"I sue telemarketers..."
"I sue telemarketers for a living. I will try and trick you. I will fill out your web forms intentionally to draw you in. Then I will challenge how you got my number. I have banks of bogus cell phone numbers just waiting to be called. If you're smart you won't call me. Oh ya, my litigation is all public record too. All you have to do is look and just don't call me - you're better off. Believe me."
These guys will gobble you up like packman. They'll ask the Judge for class action certification - and get it. You don't want your legal team engrossed in a game they can't win - even if you are right. Your Attorney's will still be making $400 per hour when you're reaching through the jail cell bars with a quarter for your one call!
TCPA Previous Litigants are increasing at over 1000 per month.
Filings have been up over 40% on the TCPA alone. Not just complaints, but actual filings. Your name published monthly by the FTC and CFPB, in competition with each other, to let the world know who's running amuck of call prohibition laws. Of course, that's the new hangout for prosecutors too - looking for new conquests.
Almost a third of professional consumer litigants suing phone marketers turn right around and do it again. And the same case can get filed in multiple jurisdictions - just to see what sticks.
Nobody knows how Judges are going to rule on this TCPA stuff.
By accident or on purpose, the FCC has set up a perfect storm for TCPA prosecutors. Being intentionally vague and letting call prohibition specifics play out in court.
"I'm never going to be able to be TCPA compliant anyway, so why even try. We'll hand things over to our Attorney if something goes wrong." Problem is, today, it's not a slap on the wrist anymore. It's more like a slap you silly.
As a professional phone marketer, you may even be tired of this compliance stuff. You've seen a lot of DNC registrations, DNC lists, dialer configurations, and landmark cases come and go.
But if you're one of the folks that's never going to get compliant - at least eliminate those crippling Previous TCPA Litigants before your next outreach campaign.
I mean, as long as you're never going to comply.
For more information on a Previous TCPA Litigant Scrub, call me at 561-317-3001 or email me here - Bob
- Calling Businesses: Try a Litigator Scrub for TCPA, DNC, FDCPA and FCRA first.
- Do I need a Litigant Scrub if I'm already scrubbing for TCPA and DNC Cells?
- 7 Reasons a Litigator Scrub is essential for TCPA Compliant Calling Today
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