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  1. #1

    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

  2. #2
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    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.

  3. #3
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    if you used a dialer your screwed , settle with them . if you hard dial you have a fight

  4. #4
    Senior Member Reputation points: 99210 ridextreme's Avatar
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    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.

  5. #5
    Quote Originally Posted by ridextreme View Post
    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.
    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.

  6. #6
    Senior Member Reputation points: 99210 ridextreme's Avatar
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    Quote Originally Posted by OC Funder View Post
    while it may be tied to a business, it's probably a mobile phone
    If it's a mobile phone tied to a business, then it's a business.

    Quote Originally Posted by leocapgroup View Post
    his secretary picked up and said that her boss was looking for financing
    **** them, OP. Just hang up on them if they call back.

  7. #7
    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?

  8. #8
    Quote Originally Posted by Michael I View Post
    if you used a dialer your screwed , settle with them . if you hard dial you have a fight
    Have a fight meaning what?

    I can counter sue for entrapment?

  9. #9
    Quote Originally Posted by leocapgroup View Post
    Have a fight meaning what?

    I can counter sue for entrapment?
    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...

  10. #10
    Quote Originally Posted by ridextreme View Post
    If it's a mobile phone tied to a business, then it's a business.

    I agree that you SHOULD be right, but I'm not sure that legal precedent supports this.

  11. #11
    Quote Originally Posted by OC Funder View Post
    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...
    Saying that it may be worth it just to send him $500 so he goes away, correct?

  12. #12
    Quote Originally Posted by leocapgroup View Post
    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.

  13. #13
    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.

  14. #14
    Quote Originally Posted by Alpha View Post
    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.
    Another Professional Plaintiff.....Let me guess Mr. Fabricant's other business is Debt Relief?

  15. #15
    Senior Member Reputation points: 17365 jfeinberg's Avatar
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    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

  16. #16
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    Quote Originally Posted by leocapgroup View Post
    Have a fight meaning what?

    I can counter sue for entrapment?
    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

  17. #17
    we had issue with the same person and lawyer. We ignored them. nothing ever happend. this was two years ago though

  18. #18
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    We ran into a problem with this too. We added an OptOut clause in our application.
    Matthew Reiser
    Vice President of Business Development
    Kapitus
    (646) 722-1503
    mreiser@kapitus.com

  19. #19
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    Quote Originally Posted by matt.reiser View Post
    We ran into a problem with this too. We added an OptOut clause in our application.
    because your company reaches out to files your company declines!!!!

    which is why i stopped submitting last month

  20. #20
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    Quote Originally Posted by BROKER TIME View Post
    because your company reaches out to files your company declines!!!!

    which is why i stopped submitting last month
    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.
    Matthew Reiser
    Vice President of Business Development
    Kapitus
    (646) 722-1503
    mreiser@kapitus.com

  21. #21
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    Quote Originally Posted by matt.reiser View Post
    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.
    I've been in this space since 2005 ...Kapitas (formerly known as Strategic) is one of the most honest and straightforward companies in the business funding arena.
    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

  22. #22
    Senior Member Reputation points: 46943 JasonBishop's Avatar
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    Quote Originally Posted by leocapgroup View Post
    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?
    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.

  23. #23
    Quote Originally Posted by Alpha View Post
    "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.
    Understood but technically you cannot call a DNC number in the first place

  24. #24
    Quote Originally Posted by moneypenny1 View Post
    we had issue with the same person and lawyer. We ignored them. nothing ever happend. this was two years ago though
    I've heard that as well but if you google his name he has taken a couple of companies to court

  25. #25
    Senior Member Reputation points: 46943 JasonBishop's Avatar
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    Business phone numbers are not covered by DNC Registration.

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