Who is most likely to sue your call center under the Telephone Consumer Protection Act? The guy that's done it before, of course! He's also the most skilled. And if someone files a suit against you under the TCPA, right or wrong, you still have to defend it. So why call these Litigious Consumer Professionals in the first place? They're nothing but trouble.
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With big, high profile, play-it by-the-book financial institutions like Salt Lake City based Zion Bank settling for $37 million dollars in potential TCPA violations, and Citizens Bank $4.5 million to stop a class action – don’t think your call center or marketing company isn't next. And pay attention you B2B’s. Don’t wait until these attorneys come calling before taking evasive call prohibition action.
Wait a minute. Litigator Scrub is not a TCPA requirement, right? So why should call centers use it?
Calls Centers: Make sure you don't call folks that have sued previously under the Do Not Call and TCPA. Why? Because the FCC has not given conclusive direction on the Telephone Consumer Protection Act's legal inerpretations, and because we don't know what Judges are going to do when challenged under the statute. These laws are so heavily in favor of the consumer; it's best to stay away from former pro litigants altogether. These are the folks most likely - and most capable - of suing again under the call prohibition statutes, and winning.
Now that we've had a Class Action Real Estate Agent Lawsuit issued on June 1’st, 2016 in California, it might be a good time to re-visit the Real Estate Agent’s use of cell phones. Much like B2B companies, Real Estate Agents tend to think they're exempt from all Do-Not-Call and TCPA Laws. I’ve stood in front of ReMax Lawyers representing thousands of Agents – refusing to get even a company Subscription Authorization Number as required by the DNC National Registry. I’ve been at Real Estate Shows where associates swear they never use their phone. Yet they all have one. The fact is, Real Estate Agents are easy compliance targets.
It’s easy for businesses to get confused on these two critical compliance issues.
Both procedures are important when reaching out to existing customers and prospects. Both exist because of the FCC’s attempts to clarify enforcement of the Telephone Consumer Protection Act. And both can be confusing to businesses and call center managers. So let’s take a peek together. Before some hotshot attorney or Government Authority does it for you!
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!
Failure to prove express written consent calls has become rampant. But TCPA Lawyers don't seem to be concerned.
Call centers must understand: Someday, you may need to prove prior express written consent when challenged in court. And that's for or everyone you touch throughout your business outreach initiatives. TCPA defense attornies in attendance at a recent teleservices show concurred: "We can't prove our guy had permission to call." But what's really amazing: They either 1. Didn't tell clients about the only sure way to prove consents or 2. Didn't know about it. What's the deal?
According to our informal TCPA Defense Attorney survey at the recent PACE Show in Orlando, FL, formerly the American Teleservices Association, call prohibition defense litigators tell us their biggest challenge is proving express written consent. It seems leads come from so many places, and get handed around so much - you can "spend alot of time and money looking, but you may never find the source of that lead," says Christine Reilly, Partner, TCPA Compliance and Class Action Defense at Manatt. What to do?
"You don't want to call people like me - period," says Pro-Consumer TSR Prosecutor Todd Winninger. "I'll send you a demand letter for $500, which you'll ignore, then I'll take you to court for treble damages starting at $3200. Your lawyer will cost four times that, and I'll win. And I'm just a consumer. It's amazing how phone marketers still call when I've filed in almost every court in South Florida. That's insane. To include me on any calling list."
Amazingly, most businesses are not aware they can easily eliminate the biggest nightmare on their call lists: TCPA class action prosecutors and claimants that have sued before - and will probably sue again. Right there in the courthouse records, there they are. The challenge? To gather every wireless, landline and VoIP number associated with these cases, and just don’t call them. Sounds easy, but it takes a lot of work. And about a thousand new numbers show up every month.
