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Do I need a Litigation List if I’m already scrubbing for TCPA and Do Not Call?

[fa icon="calendar"] Sep 29, 2015 7:30:00 AM / by Bob Traylor


Won't the previous litigants get scrubbed out anyway? You'd think so. But many former TCPA plaintiffs set traps enticing you to call. Some lawyers even have apps to sue your call center or individual solicitors. Whole communities sharing information just to trip you up. Should you mitigate the risk and insulate yourself from these pros? - You bet. But all litigator scrub lists are not created equal. Here's how to get and incorporate a Litigator Scrub into your compliance procedures.


A complete TCPA, FDCPA, FCRA and Do Not Call Litigator Scrub needs to be well thought out.

Lots of companies are keeping track of previous lawsuits, but not for the purposes of eliminating the problematic numbers from a phone solicitors list. They’re looking to help lawyers searching for relevant case law. Not necessarily the best source. For instance – as a professional phone salesperson, you’ll want every phone number associated with a TCPA suit: Landline, cell, new, old, relatives and friends involved in the litigation. Anyone linked to the proceedings. Not under suppressing – and not over suppressing.

Kristine McAllister Brown, partner and co-chair of Alston & Bird's Privacy and Data Security Litigation Group tells us in her May 2015 interview with Inside Counsel Magazine, "...recent TCPA lawsuits have run the gambit, targeting drug stores, pharmaceutical companies, insurance carriers, big box stores, clothing manufacturers, grocery stores, retail stores, financial institutions, credit card companies, social media companies, fast food restaurants, beverage companies, exercise facilities, cable companies, and professional sports franchises. No industry is immune from the threat of TCPA litigation.” 

bigstock-Perfect-score-from-a-panel-of--25794188Lawyers continue to score.

Unscrupulous plaintiffs' lawyers continue to try and hit the TCPA Jackpot as part of the 560% increase in TCPA litigation between 2012 and 2014. In one example, according to US Chamber Institute for Legal Reform, "Lawyers filed a lawsuit against Mammoth Mountain Ski Area in eastern California for violations of the Telephone Consumer Protection Act (TCPA) for allegedly improperly calling a list of their ski customers who asked to be put on the resort's contact list." The problem? These skiers gave consent to call before October 16th, 2013, the date on which new FCC prior express written consent requirements on autodialed or prerecorded telemarketing calls were signed into law. 


Most litigation compilers are not a good fit for suppressing problematic numbers on your calling lists. 

4 Keys to a top Litigator Scrub:

  1. Look for a dataset built from the ground up for just this purpose: To eliminate DNC, TCPA, FDCPA, FCRA and related experts and their lawyers from your calling procedures. 

  2. Phone numbers are the key here. Most datasets are NOT designed with every case related number in mind.

  3. See what additional “secret sauce” your provider can bring to the table. For example, one Litigant Scrub provider has their own web “hot line” allowing solicitors to report potential troublemakers. Hey, consumers have been telling on callers for years. Why not fight fire with fire.  

  4. Get your Litigator Scrub through a certified Compliance Provider, preferably the same one you use for your DNC and TCPA procedures. See our page: "Litigator Scrub."


bigstock-Frustrated-businessman-looking-76205783An excellent Litigator Scrub List shouldn't eliminate lots of numbers.

Lists range from 25,000 to 150,000 – with the median around 85,000. Litigant Lists increase at from 1500 to 2500 per month. The difference lies in how many associated numbers, and people, you include. For example, one compiler includes folks in the same area code as the litigant with the same first and last name – just to make double sure every possible identification mistake is covered.


Look for a Litigator Scrub through a certified DNC Compliance Provider.

Preferably the same certified DNC Compliance provider you use now. (Please don’t tell me you’re still trying to do this compliance stuff yourself – or worse – using a list broker or data agent!!!) This way, individual compliance vendors don’t  go running for the exits should a problem occur – as all your compliance services are from the same competent source.

And if your current provider doesn’t offer a Previous Litigator List, consider changing providers!

A Litigator Scrubbed List can be that important!


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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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