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The Worst Nightmare for Phone Marketers: Previous TCPA Litigants.

[fa icon="calendar"] May 17, 2016 7:30:00 AM / by Bob Traylor

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. 



Over a third of these repeat TCPA Prosecutors do it for a living, or work for someone that does.


What makes for effective suppression of former TCPA Claimants?

You'll want to make sure your list scrubbing provider as full access to available public record data, and can prove it. Including State, as well as Federal cases. Stay away from the "docket scrapers" - Folks just trying to sell you a fast spreadsheet.

Sometimes court filings neglect accurate area codes. Try to keep those to a minimum or cross reference where you can.

Accurate court records as they relate to DNC and TCPA cases require some diligence. Number additions to TCPA and related cases should be in the neighborhood of 1000 per month. And it's going to cost a couple bucks to get the latest, best data available.

"I have safe call protections in place. So why is this important?"

The easiest way to avoid litigation is, well, to just avoid calling previous claimants. Even if you have the best avoidance procedures in place. Because the TCPA is about as non-specific as you can get. And businesses don't vote, so the Government isn't planning on clarifying the Telephone Consumer Protection Act anytime soon. (Except to make it more unclear, by attempting to explain further.)


Make sure you eliminate these "nightmare" professional plaintiffs in your call campaigns. 

So when the Consumer Financial Protection Bureau visits, looking to audit your compliance procedures, you can step to the head of the class. You've already gone the extra mile by scrubbing them out. See our page: Litigant Scrub Discovered by Fortune 1000 Companies as Safe TCPA Solution

You'll still need to identify and scrub cells, Do Not Call lists in some cases, maintain an internal DNC list and be able to prove express written consent. See our Blog: Lead Video Proof Revolutionizes TCPA Express Consent. 


For more information on eliminating previous TCPA litigants from you calling lists, call me at 561-317-3001 or email me here - Bob


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Topics: Litigator Scrub

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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