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08-07-2019, 04:43 PM #1
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- May 2019
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Getting Sued for violating the TCPA act
One of my reps who is an independent contractor called a "merchant" and his secretary picked up and said that her boss was looking for financing only to realize later that this "merchant" is targeting brokers to sue them since he is on the DNC list.
The merchants name is Terry Fabricant and the lawyer is Andrew W. Heidarpour. Anyone dealt with this before, and if you did what was the outcome?
Let me know asap
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08-07-2019, 04:55 PM #2
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- Jun 2017
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- 2,049
They can't put their Number into things for the specific reason of suing people.
There have been cases like this.
How did you get his Number? If its an Aged Lead or Live Transfer, Web Form, **** him.
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08-07-2019, 04:55 PM #3
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if you used a dialer your screwed , settle with them . if you hard dial you have a fight
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08-07-2019, 04:59 PM #4
Was this a Robo call or a live call?
There is no such thing as a "DNC list" for businesses. The federal registry is for consumers, not businesses.
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08-07-2019, 05:15 PM #5
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- Jul 2014
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- 92
Google their names, plantiff and attorney. They're pros, and while it may be tied to a business, it's probably a mobile phone and technically can be on the DNC list.
OP, I would probably attempt to settle. It's a tough pill to swallow because these dirtbags are hoping you'll call just so they can sue, but fighting it in court will be expensive and annoying and they know it.
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08-07-2019, 05:45 PM #6
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08-07-2019, 06:15 PM #7
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- May 2019
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Its a mobile phone tied to a business (is listed on his google business) and it was a hard dial. Anyone go through this before?
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08-07-2019, 06:18 PM #8
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08-07-2019, 06:23 PM #9
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- Jul 2014
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No, have a fight as in an opportunity to successfully defend yourself and not owe these bottom feeders any money. With that said, I think the liability for one unintentional violation is only $500? Anyone with more experience care to weigh in on that? I know there's lots of marketers on here...
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08-07-2019, 06:25 PM #10
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- Jul 2014
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08-07-2019, 06:50 PM #11
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- May 2019
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08-07-2019, 09:01 PM #12
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- Dec 2016
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"If a consumer makes an inquiry or submits an application to a company, the company can call for three months. Once again, if the consumer makes a specific request to that company not to call, the company may not call, even if it has an established business relationship with the consumer." FTC site
Looks like the secretary messed up here and made an inquiry, now all you have to do is prove it, and since she made the inquiry you have a three month window to contact unless they specifically asked you to put them on do not call list for your specific company. You could also argue that since the secretary answered the mobile phone that it is used for a business and exempt from do not call list. That would most likely be your best argument because business to business is exempt from do not call provisions. Has to be a personal line to be covered under do not call provisions.
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08-07-2019, 09:24 PM #13
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- Dec 2016
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- 37
If you do a google search on Terry Fabricant, this guy sues everybody trying to get something to stick, he also advertises online with his business, check to see if the number you called was being advertised with his business. If so he is just trying to shake you down and doesn't have a case, doesn't mean he won't try. Looks to me like Terry and his new lawyer are fishing for a large class action for a payday. Most of his other cases were filed by a different lawyer other than the one you listed, maybe that lawyer cut him loose after years of trying.
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08-08-2019, 08:16 AM #14
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- Jun 2014
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- 541
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08-08-2019, 08:43 AM #15
We had an issue with them. Nothing came of it besides this one letter.
Ever Lasting Capital
ATTN: LEGAL DEPARTMENT
27 B Sterling Dr.
Rochester, NH 03867
Re: Violation of the Telephone Consumer Protection Act
To Whom It May Concern:
My Client, Terry Fabricant (Client), wishes to bring to your attention a telemarketing
concern. In August of 2018, my Client received multiple unsolicited telemarketing calls to
their wireless line **********, from your company, or some company on your behalf, from
number **********. My Client did not provide their consent to your company to make
these telemarketing calls. It is my understanding that according to the Telephone Consumer
Protection Act, it is illegal to make marketing calls to any wireless line using an ATDS or
Pre-Recorded message without first obtaining the express written consent of the recipient or
business. Furthermore, the numbers in question is also on the National DNC Registry, thus
constituting a DNC violation as well.
Please forward to my attention all documents that evidence any purported consent to
receive telemarketing calls from your company, as well as any other documents that support
your position there is no claim against your company, if that is your contention. Before my
Client proceeds with a formal claim, they wish to give your company the opportunity to
explain their actions. Please forward this information to my attention by September 4, 2018. If
we do not hear from you at that time, my Client will consider all legal remedies available,
including but not limited to, filing a claim in Federal Court. By sending this letter, you as well
as any third parties that you worked with related to the telephone campaign at issue, are hereby
notified of your obligation to preserve all electronic and non-electronic files regarding this
claim. This includes, but is not limited to, all e-mail communications and records reflecting
telephone calls.
Sincerely,
Heidarpour Law Firm, PLLC
Andrew W. Heidarpour, Esq
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08-08-2019, 09:13 AM #16
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- Jun 2015
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- 3,325
you can get them to drop it with threatening back and letting them know they are wasting their time. most lawyers that sue get paid a percentage if they see its a waste of time they go away . their hope is you use a dailer and if they suponea all your records they can class action law suit you $500 a pop or get you to pay them 20k to go away . That has been my exprince but of course consult with your own lawyer
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08-08-2019, 09:22 AM #17
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- May 2018
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- 79
we had issue with the same person and lawyer. We ignored them. nothing ever happend. this was two years ago though
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08-08-2019, 10:06 AM #18
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- Jul 2018
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- New York, NY
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We ran into a problem with this too. We added an OptOut clause in our application.
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08-08-2019, 10:10 AM #19
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- Jun 2018
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08-08-2019, 10:22 AM #20
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- Jul 2018
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All of the major lenders solicit incoming referrals. If you were funding more than 4 deals per month with us. You should be having a serious conversation with your ISO manager about getting you on our exclusion list. This is not something we hide behind and clearly state our intentions on our Referral Agreement. However, we are willing to work with partners who produce.
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08-08-2019, 10:38 AM #21
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- Dec 2013
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Marcus Clapman | Business Development | Cresthill Capital
(High Commissions Payout Group)
覧覧覧覧覧覧覧覧覧覧覧覧覧
Tel: 917-521-6528 | Fax: 212.671.1473
Email: bizdev@cresthillcapital.com
http://www.cresthillcapital.com
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08-08-2019, 11:10 AM #22
IF the phone number is on their Google Business and has an online footprint for business(s) AND it was truly a hard dial, then do nothing or at least forward the correspondence to your attorney. I would refrain from engaging or trying to reason with them as these vexatious litigators are not reasonable people. You are not compelled to provide any explanation or documentation to that attorney or person as all they will do is try and get you to admit fault of some kind. Disengage and let them pay the $400 filing fee + service fees if they are serious. If you are served then proceed based upon the recommendation from your attorney. In Federal Court, looks like this particular plaintiff has filed 44 lawsuits since 2017. Don't succumb to the threats and demands. IF you get served, then handle accordingly.
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08-08-2019, 11:25 AM #23
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- May 2019
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08-08-2019, 11:26 AM #24
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08-08-2019, 11:27 AM #25
Business phone numbers are not covered by DNC Registration.
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