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Unaccepted offers of judgement cannot defeat TCPA Class Action Lawsuits.

[fa icon="calendar"] May 23, 2017 7:30:00 AM / by Bob Traylor

bigstock-Husband-Apologizing-Wife-Angr-109737755.jpgThink you can buy your way out of mediocre compliance procedures? Calculate the maximum damage your unsolicited FAX's could cause and offer it up to the judge? The United States Supreme Court (SCOTUS) freshly ruled that an unaccepted proposal of resolution can no longer invalidate a proposed TCPA class action. This quiet landmark finding is sure to shake up traditional defense strategies heavily dependent on bailing out sloppy phone marketing clients via accepted settlements.
 

After SCOTUS, it's time to fix your errant call compliance systems. 

Sending lots of FAXes? Texts? Comfortable riding the fringes of call prohibition interpretations? The SCOTUS decision is troublesome for companies relying on defense lawyers to just get them out of disputes. Businesses that know their everyday outreach procedures are legally problematic and won't hold up in court. "But if we followed all the call prohibition laws we'd go out of business," - Sound familiar?

Relying on the traditional strategy of just "making an offer" won't be enough now. A proactive security approach when reaching out appears to be an absolute must.
 

Call safety measures more important after SCOTUS. 

The defense of TCPA class actions will be more challenging now. And preventative measures to steer clear of call class actions even more critical. Make sure to:

  • Talk to your General Council about the intricacies of the Telephone Consumer Protection Act and the Telemarketing Sales Rule (TSR).

  • Consider partnering with a third-party DNC/TCPA Solutions Provider.

  • Attend trade shows and webinars that make call compliance a priority. (Which includes virtually all phone marketing and call center get-togethers today!)

Eliminate calling professional litigants in the first place.

Consider excluding former TCPA plaintiffs from your call campaigns with a Litigator Scrub. This will make class action involvement less likely for your company. The most dangerous plaintiffs have sued many times under the TCPA and are well known to the industry. Best not to tangle with them. Even if you are right.  

After SCOTUS, you can't offer up a certified check to make them all go away anymore! 

 

For more information on call protections for your business, just call my personal line at 561-317-3001 or email me here - Bob

 

Related Articles:

Litigant Scrub

Cell Scrubbing

DNC List Scrubbing

Reassigned Number Scrub

Litigator Scrub: Best TCPA Compliance Solution

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Topics: B2C Compliance

Bob Traylor

Written by Bob Traylor

My name is Bob Traylor. Myself, along with my industry friends and leaders, write every DNC Blog on this website personally. We’re not here to regurgitate the latest case law, or confuse, obfuscate, and paralyze. We’re here to help you ask the right DNC questions on your road to appropriate call protections. To point you in the right direction for a more trouble-free outreach calling experience.

And go ahead and sign-up to receive these blogs. You’ll find tips, tricks and secrets that will make a difference in your daily compliance initiatives – I guarantee it! - Enjoy!

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Bob's Missionbob_mission

To help keep you out of trouble with out-of-control DNC & TCPA rules and professional consumer litigants wanting to squeeze every drop of money from your challenged coffers!

I also pick up the phone, so you can call my personal line directly at  561-317-3001 with any specific questions.

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