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
How 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
With Litigant Scrub, you won’t know what you’ve missed. The trouble that's been averted. Call prohibition court trips avoided. Almost going out of business from call violation class actions. You can't prove Litigant Scrub works because you can’t prove
The call platform provider was smart. By declaring themselves a "Common Carrier" they got around the Telephone Consumer Protection Act, thus avoiding potential litigation - or so they thought. Yes, they were correct in theory, but still had to defend themselves when threatened with call prohibition lawsuits. Still had to pay $50,000 to get out of each winning challenge. What they found, like most companies reaching out over the phone: It's best to get rid of previous TCPA court filers before each campaign.
I often wonder when companies call me about eliminating TCPA court filers from their call lists - "Why did you wait so long?" It's not whether businesses are going to be threatened with call violations - but how many times they've been. A B2B small loan magazine publisher tells me most of his advertisers are in call compliance court. A major call platform provider, for the first time, was sued for $2.88 million - the FCC saying, "You're so close to your customer, it's like you're making the calls yourself." Meaning anyone in the call chain is now liable under the new FCC. And this could have sweeping ramifications for previously safe businesses.
With the thousands we spend on call lists, you'd think we’d eliminate folks that have already sued under the Telephone Consumer Protection Act. Why? Because these are the people that will most likely sue again. They’re not going to buy anything anyway. And most importantly they will win in court and make life miserable. Oh ya, they are also easily identified and eliminated from call campaign lists!
So there's this list called Litigator Scrub that eliminates former TCPA filers. But who's responsibility is it to make sure we don't call them. The lead generator? The call platform provider? And why is nobody talking about
Many TCPA defense attorneys remain unaware of valuable call protection tools like Litigator Scrub. They cannot legally sell off-the-shelf compliance tools designed to perform day-to-day heavy compliance lifting. They are limited to selling advice on the importance of things like Cell Phone Scrubs and DNC List Scrubs. But how to implement these services efficiently - making everyday call compliance chores work so they'll hold up in court. So they'll motivate predatory attorneys to keep on walking - not so much.
Uh oh - too late - did it again: Called a professional TCPA litigant. You know, the consumer plaintiff that files in multiple districts just to see what sticks. The TCPA antagonizer filling out your lead form only to bait you into improper follow-up. Even as a helpful, well-trained call associate you have no chance at spotting these expert Telephone Consumer Protection Act prosecutors - until it's too late.
A TCPA Litigant Scrub is an effective way to eliminate former call prohibition prosecutors and professional consumer plaintiffs from your call lists. It's made up of phone numbers associated directly with TCPA complaints, numbers from clients, and
