[Alpha]

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

"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.