I'm being Personally Sued for B2B TCPA violations.

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.

The Telephone Consumer Protection Act, originally designed for "consumers," has morphed it's way into the business to business calling arena - In such a devastating way that predatory TCPA prosecutors are newly focused on this vertical. It's where the money is. Why? Because B2B's still think they are exempt from everything compliant - Even though their peers are in court every day.

So what's it like to receive a personal TCPA complaint?

Heart stopping. If you've poured your life's blood into your business. O.K. so maybe you haven't done everything to comply with the TCPA on your B2B calls. Still, personal words stick out in these complaint forms:

Defendant, who upon information is the CEO and duly registered as such.
Defendant is personally liable under the "participation theory" of liability because he was the CEO, knew of the companies violations, and directed employees and/or his agents to continue making those violations.
At all times, each and every Defendant was the successor of the other, and each assumes the responsibility for each other's acts and omissions.

Huh? - This couldn't be good for my heart palpitations.

Background information: Plaintiff is aware of receiving solicitation calls to his cellular telephone from Defendant on or about the following times:

February 5'th, at 11:45 AM from Defendant telephone number.

And again at 11:54 AM.

And again at 11:56 AM.

And again at 11:58 AM.

And again at 12:59 PM.

When Plaintiff picked up Defendant's aforementioned calls, he noted a long delay prior to Defendant's employee or agent greeting to Plaintiff. This aforementioned long delay gives reason for Plaintiff to believe Defendant called Plaintiff using an Automated Telephone Dialing System "ATDS" as Defined by the Telephone Consumer Protection Act.

Plaintiiff orally stated he did not want to be called back.

It get's worse.

Defendant is not an organization exempt from the TCPA.
Plaintiff's telephone number has been exclusively a cellular telephone since December 2004.
Defendant's calls to Plaintiff were a "telephone solicitation" and "unsolicited advertisement" as defined by the TCPA.
Defendant never had an "established business relationship" or received "prior express written consent" to contact Plaintiff.

The Auto-Dialer is still used by 99% of B2B's.

Defendant called Plaintiff's cellular telephone using an "automatic telephone dialing system or artificial or prerecorded voice" as defined by the TCPA.
Plaintiff was substantially damaged at least six times in the mount of $500.00 each call.
Plaintiff was further statutorily damaged because Defendant willfully or knowingly violated this subsection of TCPA.
Plaintiff requests that the court treble the damage amount as permitted for these willful or knowing violations.

After calling your lawyer, writing a hefty check, defaulting your tennis match claiming hyperventilation and putting the golf clubs in storage, you'll have a meeting with your General Council in the morning. You'd rather not think about it just now.

This complaint might have been tempered down or avoided altogether.

As you do more research, you discover using a thing called Litigator Scrub before calling would have eliminated many previous TCPA lawsuit filers. About 120,000 people like the folks that registered this complaint. You could have identified cell phones, hand-dialed them, or bypassed calling them altogether. You could have hired a compliance comp any to coordinate these efforts, further lessening legal exposure. A company with a perfect TCPA track record that doesn't make mistakes.

But the damage is done. Maybe you can buy them off, settle, talk to them. Maybe cut a quick check.

At least now you know: It's best to protect yourself properly before this happens again.

Because who needs this in their life!

For more information on prudent, cost effective TCPA protections for your B2B calls, call me at 561-317-3001 or email here - Bob. Please note: B2B callers have special protections not afforded B2C solicitors - at a vastly reduced rate and without much number fallout. Please call us for a quick chat - and to discuss your options and advantages.

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