Call center and phone marketing attorneys don't find out about previous TCPA case filers until it's too late. When their client has already been served. And more often than not, the professional consumer litigant they're engaged with has filed many times before. These easily identifiable call prohibition antagonists enjoy torturing ill prepared marketers and outreach campaigners. These are the folks causing most of the legal problems for businesses using the phone today. But it's not expensive or difficult to eliminate these pros from your call campaign lists with a little advanced planning. So what gives?
Some call center managers and phone marketers just aren't going to get compliant with the Telephone Consumer Protection Act, ever. No matter what. Calling cells without scrubbing. Unregistered with any State or National Lists. Letting the robodialer spin free. (And in denial about it.) "We have two people that call 30,000 numbers a month completely by hand. We're good." Please, if you have no plans to comply with the TCPA, at least don't call the folks that have sued before under the statute - and will do it again. [Click Video]
While you've been building your business, professional consumer Do Not Call and TCPA Litigators have been sharpening their skills. To the point where they're just waiting for you to call. Big catalogue companies, insurance businesses and marketers have a communication problem. Namely - "Do we have a leg to stand on if our customers and prospects give us a hard time about call compliance?" [Click Video]
Litigator Scrub has quickly turned out to be one of the most effective DNC TCPA safeguards to help companies stay compliant when calling cells. As the FCC continues to be murky with TCPA interpretations and has neglected to give guidance as these cases end up in court - phone marketers don't want to tangle with legal defenses if at all practicable. An excellent way to do that? Don't call the 90,000 previous professional litigators at all - 40% of whom have prosecuted several times following the laws. [Click Video]
If you’re making B2B calls, at least scrub for former TCPA Litigants. One of our clients scrubbed 13,000 numbers against our Previous Litigator list last week and got 35 hits. 35 pros you wouldn’t want to call. What are these guys doing on Business to Business calling lists anyway? Seems lots of cells are being picked up as business lines from social media sources lately. Data Compilers have access to previously hidden mobile numbers at Linked-In and Twitter and include them in company searches.
Won't the previous litigants get scrubbed out anyway? You'd think so. But many former TCPA plaintiffs set traps enticing you to call. Some lawyers even have apps to sue your call center or individual solicitors. Whole communities sharing information just to trip you up. Should you mitigate the risk and insulate yourself from these pros? - You bet. But all litigator scrub lists are not created equal. Here's how to get and incorporate a Litigator Scrub into your compliance procedures.
Seems B2B callers are getting the word on just how much pain previous TCPA litigants can cause - Just by saying they are going to sue you. Even if you are calling cell phones by hand (although that’s extremely rare in the B2B world –) And you've probably chosen not to register with the National DNC List as a free B2B exemption - because you're exempt anyway, right? Ahhh kind of.
Like most call centers and phone marketers, you’re probably calling previous TCPA, FDCPA, Do Not Call and FCRA litigants without even knowing it. These are the professional plaintiffs and their attorneys that have made a business of suing anyone that calls their cell phone. These are the folks that dominate the world of TCPA and Do Not Call Court Actions. And of course, the source of most class action lawsuits in the millions of dollars.
As FCC Chairman Tom Wheeler has passed his proposal to strengthen consumer protections and enforce the TCPA even further, thereby combining the 40 or so TCPA related proposals on his desk over the last couple of years, it makes sense to just not call previous litigators, plaintiffs and their attorneys. These are the professionals most experienced in causing call litigation and lawsuits against you. [Click Video]
Setting yourself up for needless TCPA lawsuits? Join the club. Many companies aren't properly identifying previous litigants, and getting hit with class actions for millions. That's big time money. Luckily, there's a way to still call your good prospects, without compromising your calling lists.
