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Litigator Scrub critical to TCPA FDCPA Compliance after FCC Declaratory Ruling

[fa icon="calendar"] Jul 16, 2015 7:30:00 AM / by Bob Traylor


As FCC Chairman Tom Wheeler has passed his proposal to strengthen consumer protections and enforce the TCPA even further, thereby combining the 40 or so TCPA related proposals on his desk over the last couple of years, it makes sense to just not call previous litigators, plaintiffs and their attorneys. These are the professionals most experienced in causing call litigation and lawsuits against you. [Click Video]


Today, previous litigators should be at the top of your list - to flag down and eliminate from your daily calling procedures.
Sometimes these numbers are even set up as traps for unsuspecting telemarketers and callers. Much like the old days, when smart consumers would ask to be sent a single fax – then they’d be sent 2 or 3 – and successfully fine the company for sending more than the requested number!


This time the stakes are higher when calling Previous Litigators

Top consumer litigant Sergei Lemberg initiated 508 consumer lawsuits last year alone and has an app soliciting cell owners and encouraging them to sue. It’s a cookie cutter approach that has been very effective. So now with the power of the consumer being strengthened further via tools like: The power to withdraw consent, initiate “Do Not Disturb” Technology, solving the reassigned number issue, clearer definitions of autodialer vs manual dialing based on “capacity” and very limited exceptions for urgent circumstances – you can bet the consumer litigator pros will be sharpening their skills accordingly.


How bad is it?

Be aware that unwanted calls and texts are the number one consumer complaint to the FCC. The FCC received more than 215,000 complaints in 2014. Cell owners are also the victim of unwanted calls from previous owners after they switch. Of particular concern for marketers are the potential litigations costs associated with unwanted calls and texts to wireless phones, now that 44% of American households in 2014 relied exclusively on wireless devices for phone service, up from 30% in 2010.

Consumers and small businesses will be more aware than ever of their existing rights like: The National Do Not Call List and State lists, Limits on telemarketing robocalls both wireless and landline without written consent, limits on informational calls and texts to cell phones, no political call exemptions and stronger enforcement. See our blog: "Are you calling Professional TCPA Litigators, Plaintiffs and Attorneys?"


So why a litigator scrub?

Litigator scrub has the advantage of just targeting the potential troublemakers for your business. Most consumers are not particularly savvy on how, where and when to complain. They are kind of angry and lost. But the pros know exactly what procedures to follow.

You won’t get a lot of number fallout with a litigator scrub. They represent less than 1% of callable numbers, so you won’t be giving up a lot when reaching out.

40% of the folks that have sued have done it more than once.

Once you get involved with one of these pros, it’s generally too late to back out. The deed has been done – and legal proceedings have been initiated.


FCC Declaratory Rulings Summary Action an excellent time to initiate Litigator Scrub

We’re not quite sure just how much more stringent consumer DNC and TCPA enforcements will become with these new FCC clarifications. We’re also not sure how far the consumer or small business will go with the renewed publicity and ease of participating in a lawsuit. Here’s an easy way to “hedge your bet” on just how far these clarifications will go. See Bloomberg's take on it here.


What about B2B Calls?

Because of the TCPA’s change to cell phone ownership in 2014, removing the line between consumer and business cell phones – all wireless phone calls are subject to the new FCC updates. This is particularly important for businesses calling other companies thinking they are exempt from the DNC and TCPA rules. See our blog: "Business to Business (B2B) Do Not Call TCPA Compliance Tips."


How do I add a Litigator Scrub to my calling procedures?

Just ask your compliance service provider to include Litigator Scrub in your current scrubbing processes. If they don’t offer it, we’d be glad to point you in the right direction, just click here for info on adding Litigator Scrub. Final thought – try to include Litigator Scrub as part of your all-inclusive Do Not Call and TCPA compliance procedures. That way, should a problem occur, you’ll have all of your compliance records, policies and procedures in one place.


For more information on Litigator Scrub and avoiding the 90,000 or so previous TCPA Litigants, just call me at 561-317-3001, or contact me here - Bob 


Check out Bob's Award Winning Videos on our YouTube Channel here.

Related Articles:


DNC Compliance Guide

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 This presentation contains images that were used under a Creative Commons License. Click here to see the full list of images and attributions: https://app.contentsamurai.com/cc/16107

Topics: B2C Compliance, 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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