Bob's Do-Not-Call Protection Blog

Consumer privacy rights seem to be helping marketing companies dodge TCPA complaints. Carriers like T-Mobile, Verizon, and AT&T are thinking twice before handing over private information to court filers,  even when compelled by a Judge. Plaintiffs claim they need more customer details supplied by these carriers to effectively pursue TCPA class actions. 

Between questionable sales practices and call compliance infractions, energy resellers may be in danger of losing their incredible financial opportunity. Or at least not taking full advantage. Broken consumer price promises are common to the industry. Call complaints to State AG's and the publicity surrounding them typical.  Is the combination ripe for burnout? Let's take a look at the customer procurement calling challenges industry resellers face and how to mitigate risk.

Remember the 1983 movie War Games? The only way for the computer to win its Global Nuclear War game against Matthew Broderick was to "Not play the game!" That's kinda what Litigator Scrub does for TCPA compliance efforts. By helping eliminate former court filers from your call lists (the folks most likely to sue again under TCPA), there's less chance of legal engagement. In essence, not playing the game, and helping you steer clear of lawsuits in the process.

Litigator scrub has become the most important pre-call campaign tool around. It eliminates folks from your calling lists that have already sued. Begging the question: Why would you call someone that has already filed under the Do-Not-Call, TCPA, FDCPA, FCRA or CFPB related statutes? We certainly can't figure it out. Neither can the plaintiffs happily suing under these laws - particularly in the B2B arena where "99% of my clients still think they are exempt from everything," according to top TCPA Defense Attorney Eric Allen of Allen, Mitchell & Allen.

mPredatory attorneys can't pierce my corporate veil over TCPA legal complaints, right? That's why I incorporated. To safely sell immediate cash infusions to businesses. Or to help doctors offices find critical employees. Or sell software to other companies. 

How do you know when you're talking with a potential professional TCPA plaintiff: Does the call recipient speak like a lay person? Are they answering/reading from scripts? Are they asking questions completely unrelated to the product or service you're selling? Pro TCPA plaintiffs derive significant amounts of money from suing call centers and businesses. You can teach your sales agents to identify them if you know what to look for. 
 

Why would any telemarketer or B2B solicitor pick up the phone without first making sure they're not dialing a serial TCPA lawsuit expert? Someone who lives and dies making phone marketers miserable. A self-proclaimed call prohibition terrorist sitting back waiting to sue unsuspecting, hard working businesses. You do know how easy it is to protect yourself from these call litigation predators, right? 

Remember the only discenting voice in the July 10, 2015 TCPA Declaratory Ruling - asking for some business call solicitation relief? It was Ajit Pai, then Chairman of the FCC. And he continues to be a sharp critic of the TCPA. Now Chairman again, Trump has two additional Republican members to replace, making it likely the Republicans will dominate the office and be more business friendly. But does this spell true relief for B2B callers? Or does the new Trump Insight Reform and Accountability Act reviewing all government program procedures hold some promise?

If you're selling products to larger companies like accounting & payroll programs, time tracking, work budget estimates, security software and other custom high ticket items - you'll want to reach out via phone aggressively. You don't have an interest in cells particularly, as they can be more problematic from a call compliance standpoint. But you are subject to the Telephone Consumer Protection Act. Here are some basic protection steps to help keep you out of court, without losing alot of callable numbers.

theyWe're taking a look at additional B2B Telephone Consumer Protection Act safeguards - as  this sector continues to be attacked by prosecutors looking for easy TCPA scores. We hear alot about pre-call "data append" products, but what exactly does that mean and how can they help keep you safe. And we'll check in with a top TCPA defense lawyer for the straight scoop on state robocall bans for business calls.