[funding221]

Hey guys, received a frivolous TCPA violation suit and looking for recommendations for best to avoid this now and in the future.

With ambulance chasing attorneys left and right I am wondering if a small ISO really needs an attorney on retainer for such matters. Any recommendations?

p.s. The source of the lead was an aged internet lead that I am sure is in at least several 100s of ISOs database. There is no need to blame the Data/lead Provider....I much rather simply know the legal route of getting these violations thrown out.

Thanks in advance.

[Karen37a]

Hey guys, received a frivolous TCPA violation suit and looking for recommendations for best to avoid this now and in the future.

With ambulance chasing attorneys left and right I am wondering if a small ISO really needs an attorney on retainer for such matters. Any recommendations?

p.s. The source of the lead was an aged internet lead that I am sure is in at least several 100s of ISOs database. There is no need to blame the Data/lead Provider....I much rather simply know the legal route of getting these violations thrown out.

Thanks in advance.

I am not an Attorney but ...it depends what the tcpa was for .

Did you robo dial? What product were you selling?Cash advances? Did you call a cell phone number home number or business number?Did they tell your company specifically to put them on the dnc or just someone in general.

. These are business to business calls so the Tcpa does not apply in most cases

.Some people make a living off of waiting for caller to call and break the tcpa( usually credit card offers etc thru robo dial), some set it up with multiple cell phones with minutes on them then sue for something else..And ive seen Funders/ brokers sue back for non meritorious claims

Contact your iso manager or the Direct Funder you are doing business with if you have more questions, I am sure they can guide you.

[skideeppow]

i am dealing with the same thing now. I hired a lead gen company that assured me the leads would be organically generated, through SEO, landing pages or inquires. The first 5 leads were all done by outbound dials. One of those leads was an attorney.

Anyway, call Eric Allen over in Salt Lake City. Will do a consultation for around $200. HIs # is 801 930 1117.
It is always going to be more cost effective to settle then litigate.
Drop me a pm with any questions.

[skideeppow]

Contact your iso manager or the Direct Funder you are doing business with if you have more questions, I am sure they can guide you.

No funder will be able to help you unless they provided the lead. You will need to call an attorney.

[Karen37a]

No funder will be able to help you unless they provided the lead. You will need to call an attorney.

I was being slightly sarcastic

did you robo dial? Or call the persons cell or home? or before 8 am?

[Karen37a]

I am asking both of you and you are not saying how you broke the tcpa

I do not really want to know anymore..if there was a loophole out of it too late( because there are like 15 )...

Both of you went to lead brokers?...how do you know you didn't go to the same lead broker who slips in his friend who is an Attorney on the list and they set you up to sue and split the return.

This is a nasty world and it isn't just supposed loan brokers or cash advance brokers who are sleaze

Ill do what everyone else does so we will be the only ones left on the phone..."be very careful omg you can get sued" ...make sure you price that in to the rate and commision or the cost of a good compliance officer or ex compliance with a great background and history of low to 0 fines

add* sales compliance front end not back

[funding221]

Thank you....will contact them. As mentioned in post I realize my team does very little predictive dialing compared to the bigger or busier shops out there so I figured many already arm themselves against such instances. My mistake was likely putting together a list that was a bit outdated and throwing into a predictive dialing campaign (which I almost never do with web leads). Either way these AMBULANCE CHASING attorneys will find a way to put themselves on such lists even if its not a predictive dial. Its much simpler than it sounds.

Step 1 - inquire within an add on google search & lead is sold
Step 2 - Verify info when called and say not interested and to stop calling
Step 3 - Company unintentionally calls the record again WHILE THE SAME RECORD is sold to another 5-10 ISOs + in a period of 60-90 days and round and round it goes.

[Karen37a]

Robo dials get you sued

people make fun of my old dinosaur dialing..

hit the phones...

Like Investment bankers do for accredited investors

[skideeppow]

I am asking both of you and you are not saying how you broke the tcpa

I do not really want to know anymore..if there was a loophole out of it too late( because there are like 15 )...

Both of you went to lead brokers?...how do you know you didn't go to the same lead broker who slips in his friend who is an Attorney on the list and they set you up to sue and split the return.

This is a nasty world and it isn't just supposed loan brokers or cash advance brokers who are sleaze

Ill do what everyone else does so we will be the only ones left on the phone..."be very careful omg you can get sued" ...make sure you price that in to the rate and commision or the cost of a good compliance officer or ex compliance with a great background and history of low to 0 fines

add* sales compliance front end not back

You have no idea what you are taking about so give it a rest. Your going to counter sue? Really? And spend how much and waste how much of your resources and time. That's not an option. And there are no loopholes. Someone files suit against you, you have to defend yourself or risk a summary judgement.

[Karen37a]

You have no idea what you are taking about so give it a rest. Your going to counter sue? Really? And spend how much and waste how much of your resources and time. That's not an option. And there are no loopholes. Someone files suit against you, you have to defend yourself or risk a summary judgement.

I agree.

If you broke the law by robo dialing...which is why I asked what happened .

I know you wont mind that I am putting you on ignore going forwards


( this is why people do not reach out to offer advice, after they requested it )

Gl in the future

Res judicata

[sigmundpannu]

When calling aged internet leads, you should be running all the phone numbers through the DNC when calling cell phones-while they did an inquiry at some point in time, they didn't do it with you-so if they are on the DNC you have no right to call them. While the lawsuit may be frivolous, it is a TCPA violation. In order to get this "thrown out" you would need to get the information from the data vendor you purchased the information from outlining the date/time of the inquiry, along with the IP information and hope to god that the lead vendor has some type of disclaimer on their website indicating that their information is being sold to multiple companies, and that they are agreeing to the terms of service.

Any outbound telemarketing your business does, you have to be careful when it involves cell phones. Its almost impossible to prove that the cell is a business phone, and used exclusively for business purposes which would be your only defense.

[Karen37a]

When calling aged internet leads, you should be running all the phone numbers through the DNC when calling cell phones-while they did an inquiry at some point in time, they didn't do it with you-so if they are on the DNC you have no right to call them. While the lawsuit may be frivolous, it is a TCPA violation. In order to get this "thrown out" you would need to get the information from the data vendor you purchased the information from outlining the date/time of the inquiry, along with the IP information and hope to god that the lead vendor has some type of disclaimer on their website indicating that their information is being sold to multiple companies, and that they are agreeing to the terms of service.

Any outbound telemarketing your business does, you have to be careful when it involves cell phones. Its almost impossible to prove that the cell is a business phone, and used exclusively for business purposes which would be your only defense.

This is correct

Some lead providers have enough sense to say affilates will be contacting you( or grant permission for)...but who knows what people do.

This is why we verify our own leads...double verify then triple thru me...then we are closing, i am doing a mini merchant call sometimes To'ing to lock them down

This isnt as simple as just snagging a deal or knowing what a 1.35 is vs 1.40


100 Ucc's my arse

[Karen37a]

When you do all this work and you talk with a merchant a million times....imagine what happens when the merchant calls you back to say the company you said was going to fund the deal just told me to never speak to you again.

( they tell on you ) and if they do not tell on you some of us know how to get them to admit it.

Should have been in the office for those ones...fun fun for everyone

[Karen37a]

p.s. The source of the lead was an aged internet lead that I am sure is in at least several 100s of ISOs database.

If this was an aged ucc...cash advance /loan? ...track down the application call in a favor...he gave someone permission and their affiliates the permission doesn't "expire" unless you request it formally in writing or over the phone.( you cant run credit after 30 days)What is aged? Was the number on the application etc.

Too many variables and unanswered questions

robo dialling is a totally different beast...and I'm not listing all the defences to all the things you could have done, especially since I asked more than once


Last I am commenting on this post.

See you all next week waving ***

[mcaguru]

I believe i read somewhere they will be De-regulating many of these laws....will see ? if faxes become OK i can see ISO's get a nice bump in apps!