Too big to fail, right? Pro TCPA prosecutors wouldn’t dare mess with you. It’s just another lawsuit. Pick a number. But what if those pesky troublemakers could be avoided altogether? Oh, I’m not saying some lawsuit professionals wouldn’t still slip through. Heck, pre-litigation demands are up big time, and some might not be included in Litigator Scrub. But seriously, can you justify call campaigns to existing customers and prospects without nixing the top consumer call law claimants and Attorneys before calling? After that, it's too late.
You’re already contracted with a top Do Not Call TCPA Compliance provider for services, right? And they have done a fantastic job. You shouldn't need any help in flagging down previous TCPA court filers after that, right? And professional consumer litigants buy blocks of throw away cell phones anyway, waiting for messages undetectable by Litigator Scrub. Recently, a lady even confessed to the judge she keeps a “shoebox of phones and waits for companies to call and leave voicemails.” It’s her job she says. So litigator scrub wouldn’t help with those either.
Ringless Voicemail - depositing a voice message directly onto a cell voicemail server, bypassing the wireless network - has discovered the advantages of a TCPA Litigator Scrub. Although Ringless has certain TCPA benefits: 1. The recipient is never interrupted, so no complaints! 2. The recipient isn't billed 3. Voicemail is regulated outside the TCPA as an "Enhanced Information Service" 4. The message never touches the wireless network at all - Lately, Ringless has discovered the extra TCPA protection of "Litigator Scrub". That is, eliminating the 90,000 previous call prohibition court filers before each campaign.
Lead Aggregators tout Litigator Scrub as vital for TCPA Compliance. Solving the problem of unknowingly contacting previous professional consumer litigants. The ones causing up to 20% of class action lawsuits under the ordinance. The ones fueling a 45% jump in Do Not Call and TCPA suits this year. The ones setting traps to get on lead broker and aggregator lists you may be purchasing for your call center.
Recently, a Costco member completed a home improvement information request on site, asking for a callback to two numbers. The member then turned around and prosecuted the home improvement company, claiming incomplete consent language on the method of callback. Both numbers were listed on court records as previous TCPA filers, so legal action could have been easily avoided had the leads been examined for former claimants.
Who is most likely to sue your call center under the Telephone Consumer Protection Act? The guy that's done it before, of course! He's also the most skilled. And if someone files a suit against you under the TCPA, right or wrong, you still have to defend it. So why call these Litigious Consumer Professionals in the first place? They're nothing but trouble.
With big, high profile, play-it by-the-book financial institutions like Salt Lake City based Zion Bank settling for $37 million dollars in potential TCPA violations, and Citizens Bank $4.5 million to stop a class action – don’t think your call center or marketing company isn't next. And pay attention you B2B’s. Don’t wait until these attorneys come calling before taking evasive call prohibition action.
Wait a minute. Litigator Scrub is not a TCPA requirement, right? So why should call centers use it?
Calls Centers: Make sure you don't call folks that have sued previously under the Do Not Call and TCPA. Why? Because the FCC has not given conclusive direction on the Telephone Consumer Protection Act's legal inerpretations, and because we don't know what Judges are going to do when challenged under the statute. These laws are so heavily in favor of the consumer; it's best to stay away from former pro litigants altogether. These are the folks most likely - and most capable - of suing again under the call prohibition statutes, and winning.
Many companies just aren't going to comply with Do Not Call and TCPA Laws. Why? Maybe they're making too much money. Maybe they've always marketed without compliance - or their business model couldn't survive. But rest assured - pro TCPA consumer litigants and prosecutors love taking advantage of these vulnerable companies. If you've chosen to not comply with call prohibition laws, at least don't contact people that have sued before. They're just waiting for your call!
Amazingly, most businesses are not aware they can easily eliminate the biggest nightmare on their call lists: TCPA class action prosecutors and claimants that have sued before - and will probably sue again. Right there in the courthouse records, there they are. The challenge? To gather every wireless, landline and VoIP number associated with these cases, and just don’t call them. Sounds easy, but it takes a lot of work. And about a thousand new numbers show up every month.
