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Litigator Scrub: Most Important TCPA Call Compliance Solution today?

[fa icon="calendar"] Jan 30, 2018 7:30:00 AM / by Bob Traylor

bigstock--202818589.jpgHow important is it to avoid calling folks that have sued previously under the TCPA, Do-Not-Call, FDCPA, FCRA and related CFPB cases? As a marketer reaching out to consumers and other businesses, is Litigator Scrub a must have? - Or should it be relegated to the back burner. After all, Litigator Scrub is not a legal requirement under the TCPA, right? So how does identifying these previous court filers compare in importance to other call compliance solutions?

Cell Phone Scrubbing.

Scrubbing and archiving your cell phones is essential to help protect your marketing efforts, as it's the first question predatory attorneys or State AG's will ask, "Where are your cells." How can you say you're using a separate calling method for cells when you're not even identifying them. (After October, 2013 cell ownership is considered "consumer agnostic," as all wireless numbers are now subject to the more stringent updated cell rules - catching many B2B's unaware!)

Reassigned Number Scrub.

If you're calling previous customers or consumers and businesses that have permitted you to call, you'll need to check number ownership status. Is the guy that gave you permission to call still the custodian of that cell number? If not, you're responsible for a potential call violation. A reassigned number scrub will identify these new owners and allow you not to call them.

Existing Business Relationships.

The FTC says to, "use EBR's cautiously" whatever that means. "Usage depends on the customer's expectations. Are they likely to complain?." Heck, I don't know, they're consumers, right? They could complain about anything. So be aware, EBR's are apparently not the panacea they once were.

Express Written Consents.

You'll need Express Written Consent to sell to wireless numbers using any kind of automated equipment. This includes robocalling and auto-dialing - anything other than manual dialing or in some cases "click to call." How do you prove Express Written Consent? That can be a tough one, and lawyers readily admit it's the new challenge with call prohibition regulations. One company even records each prospect's movement when filling out web inquiries. A kind of movie playback judges can understand. Playback also works well with prying predatory attorneys early on in legal proceedings - sending them the recording of their client's movements on your website!


Do-Not-Call List Scrubbing.

The National Do-Not-Call List must be scrubbed for consumer cold calls. And don't forget the State lists, as a large percentage of "mini TCPA" challenges show up there too!

Virtually all B2B companies use some sort of automated dialing, so they've become easy pickings for predatory TCPA lawyers looking for a quick buck. Make sure you separate and archive cells and call them by hand. Many business to business callers are unaware they can avoid the $17,000 yearly signup fee by claiming the exemption at the National Do-Not-Call Registry when signing up. Note: You must claim the exemption on page one of the signup process - and you can't go back!


Where does Litigator Scrub come in?

Most consumers and businesses get upset when they receive an apparent TCPA call violation. However, they're not sure precisely what to do about it. However, the community of professional consumer litigators does know what to do! Whether you're right or wrong, it'll still cost you big bucks to go to court with these folks. Traditionally, professional lawyers look to settle call disputes. But consumer litigators don't mind if things drag on and on. And they won't be sanctioned by the judge. Previous litigators will make your life miserable no matter what you do: 

  • Previous litigants aren't going to buy anything anyway. So they'll drain your associates looking to collect information to use against you. You're essentially

  • Litigators will bait you. Fill out your web forms just to give you a hard time. Web forms that need to be followed up by your sales associates on the clock, and paid by you. 

  • You'll need to hire a lawyer. Professional consumer litigants know the call prohibition laws are slanted in their favor. And anything you say can and will be used against you. Including how quickly you respond to a certificate of demand. Or if you respond at all. You'll need to enlist the services of a true TCPA defense attorney, which can get expensive in a hurry.

  • Previous Litigants have unlimited free resources. It's a group happy to share trick and secrets in suing phone marketing companies - or any company that uses the phone. Websites galore share previous victories with smiley faces everywhere. 

  • Previous call litigants aren't trying to hide. They don't need to, as most marketers call anyway. Litigator Scrub does the heavy identification lifting. Finding the 135,000 or so previous litigants, adding about 1,200 new wireless, voip and landlines each month from new filings. 

  • Litigator Scrub is not expensive. Especially compared to the alternative!

In Summary

Litigator Scrub is arguably the most important step you can take in protecting against active court TCPA filers. The folks that have actually taken action against companies like yours under these call statutes. And they'll do it again if you contact them or respond to inquiries. They don't particularly care if they're right or wrong. They get a kick out of you getting confused, scared, intimidated, angry, and spending alot of money and time in an effort to appease them. Best to just leave them alone!


Is Litigator Scrub a good fit for your call and marketing efforts? Call my personal line at 561-317-3001 or email me here and let's take a look - 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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