Business to Business callers continue to end up in court at an alarming rate. And it will probably get worse before it gets better - as they remain the least prepared group to tangle with seasoned predatory FCC TCPA Attorneys. Throw in all the tip-in traps and intentional banks of cell phones designed to lure unsuspecting marketers - along with express written consents that haven't been updated in years. And you've got a wing ding of a profitable party for litigators. [Click Video]
“I’m trying to gauge what we should do vs. what we have to do vs. what is recommended,” says a top marketer of Business to Business training seminars. “We’ve been to several Attorney’s and keep getting conflicting advice on the Do Not Call and TCPA laws. Our dialer appears to fall into the ‘Automatic Telephone Dialing System’ category, although the company that supplies it doesn’t think so. I know we don’t want to call cells anymore, but should we be scrubbing against additional lists? And what are other companies doing?"
Business Loan Factoring, the practice of advancing cash on the basis of accounts receivable, has grown 175% per year while bank loans have declined 3%. This has led to some aggressive Business to Business call solicitations by Internet Business Loan Companies. Consumer Factoring, buying annuities for cash based on fixed settlement payments, are already being hit by the TCPA. On July 21'st, 2015 Novation Capital, a structured settlement purchaser in West Palm Beach, Fl, had a class action brought against them for suspected violations. The Factoring Ethics blog featuring industry expert Sean Bentzen, Bentzen Financial says: “We are not at all surprised that a suit of this kind finally happened. We’re just surprised it took this long!”
The value proposition for hiring a third party to scrub your cell phones: To help you win in court. By Telemarketing Defense Attorney Eric Allen, Allen, Mitchell & Allen PLLC –
Hiring an outside expert vendor to do your cell scrubbing is advisable because that’s all they do. They know it better than you ever could. And if you select a good one, they don’t make mistakes. They are going to scrub more accurately, and with better data, and have a far greater chance of holding up under legal scrutiny.
Business to Business callers have it wrong. They think by identifying and archiving cells they’ll go broke. Out of business. First, you can call cells - if you do it by hand and those numbers are not on the National or State Do Not Call Lists. Second, it's important to identify wireless numbers. It'll be tough to defend your wireless calling procedures against the CFPB, FTC, FCC, State AG’s and smart litigants if you don’t know which numbers are mobile. Not to mention B2B TCPA litigation is on the rise!
As you know, small businesses and “grey area” business-consumers are becoming more educated and sensitive to incoming cell communications, solicitations, and updates—especially when generated through Automatic Telephone Dialing Systems. Many times, it’s not worth the risk or hassle of potential litigation in defending these potential class action cell phone suits.
As you know, small businesses and “grey area” business-consumers are becoming more educated and sensitive to incoming cell communications, solicitations, and updates—especially when generated through Automatic Telephone Dialing Systems. Many times, it’s not worth the risk or hassle of potential litigation in defending these potential class action cell phone suits.
If you're like a lot of tech-savvy entrepreneurs, social network sites like LinkedIn, Twtitter, and Facebook are natural sources of Business to Business (B2B) leads. It's never been easier to make a personal connection with business prospects. Everyone's putting their contact information online; it's ripe for the taking! Unfortunately, many of the numbers listed on these sites—even for businesses—are wireless mobile phone numbers, and, according to the new rules of the Telephone Consumer Protection Act, you can't call them with any kind of auto-assisted dialing. "Business cells" are no longer exempt from Do-Not-Call laws.
Aren't businss-to-business (B2B) wireless calls exempt from DNC and TCPA List Scrubbing?
As mobile technology advances, businesspeople are becoming increasingly unchained from their desks. More often than not, when a businessperson gives you his number, it’s a cell phone, rather than a landline.
For businesses that want to make sales calls to other businesses, you can never be sure if the numbers you have are wireless numbers or landlines. The reason that’s a problem now is that—as of Oct. 16, 2013— the Telephone Consumer Protection Act (TCPA) rule against calling cell phone numbers with automatic telephone dialing systems (ATDS) applies to business-to-business calls.
