For all you telemarketing compliance do-it-your-selfers: Litigator Scrub.

You like taking on the Telephone Consumer Protection Act by yourself. Downloading the National and State Lists. Finding and archiving pesky cell phones on your own. Keeping track of internal Do-Not-Call lists honoring requests not to be contacted anymore. But there's one thing you can't do on your own: Create a list of individuals most likely to sue your business under these call prohibition laws. The people that have sued before under the TCPA are the most likely to do it again. And you'll probably never see it coming.

Why call folks that have already sued under the TCPA?

That would be kinda stupid, right? No matter how robust your call protection system. How much research you've done on protecting your call center to be compliant. The time and effort employees put in on making sure day-to-day procedures are followed. All for naught if you don't check incoming inquiries from people that have sued before.

Do-it-yourselfer telemarketers are proud to take on the compliance fight.

Maybe to test homespun systems against the DNC, TCPA, FDCPA, FDRA and Consumer Financial Protection Bureau. For the personal satisfaction in taking on predatory attorneys. The opportunity to see just how well preparations will hold up under scrutiny. But why not just go ahead and eliminate folks that sue marketing companies for a living? Why poke the bear? Why invite confrontation?

Call compliance do-it-yourselfers in denial.

If you're not making any real effort to help protect your company against call prohibitions - you, more than anyone else, can benefit from just not calling professional consumer litigants. A good lawyer, lots of time and effort and claiming you just don't have any money can only go so far. Bumping headlong into the world of monomaniacs suing telemarketers for the pure joy of it doesn't fare well in denial. And it's all easily avoided by tagging and removing former TCPA litigants before reaching out, responding or prospecting.

It doesn't cost consumers anything to sue under TCPA.

Judges don't sanction professional consumer TCPA litigants. They're not beholden to any sacred oath. They lie at will. They don't pay for expenses. They love sledding down the one-way slippery slope of hopelessly slanted phone laws in their favor. Why does it occur so infrequently to phone marketers to just avoid these guys?

Why wait to avoid calling the wrong people?

The first question you'll have in TCPA court: "How do I avoid these litigator guys in the future?" As the old Fram oil filter ad says, "You can call me now, or you can call me later." (Implying your engine will be destroyed if you don't change your oil in time.)

Why not avoid calling former TCPA Litigators in time.

For more information on prudent call protection procedures for your business, please call my personal line at 561-317-3001 or email me here - Bob

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