[leocapgroup]

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

I got the same letter as well. Did you just ignore it and never respond to him?

[Mynameisbob]

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.

Honest and straightforward coming from you? LMAO, thats a bad look for Kapitus coming from you. Maybe you should take some notes, be honest and explain to the community about the peak solutions thread instead of trying to Dik ride all the time.

[Mynameisbob]

I got the same letter as well. Did you just ignore it and never respond to him?

Bro you're good. Just don't respond, and get back to work.

[abfunders]

DNC for a business line? If it's listed as a business number, DNC doesn't cover it.
https://smallbusiness.chron.com/not-...ses-69230.html

"The National Do Not Call Registry applies only to consumers; business phone and fax numbers are not covered by the registry."

https://www.ftc.net/on-the-do-not-ca...at-to-do-next/
"Only personal phone numbers can be listed on the registry, so the call limitations don’t apply to calling business lines or to making business-to-business calls."

Could be that he's doing fraud by putting his name on it? That's a bit farfetched, but he definitely doesn't have a leg to stand on.

The problem is the TCPA. "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."
--> If you dialed from an autodialer to a cellphone, it's illegal. If you had human intervention, it's not. These are bottom-feeders who make a living doing nothing other than posting their cellphones everyone, and praying that someone will call it. And he automatically assumed that you dialed from one, did you notice that?

[jfeinberg]

I got the same letter as well. Did you just ignore it and never respond to him?

Our lawyer responded but nothing after that.

[leocapgroup]

Business phone numbers are not covered by DNC Registration.

Heard it is a grey area if they use their cell phone

[Alpha]

Heard it is a grey area if they use their cell phone

It's only a grey area if the cell phone number used for business is listed on the do not call registry, AND the call was initiated by an auto dialer program. If it was a hard dial initiated phone call to a cell phone listed on the do not call registry used for business, it is an exempt business to business action. Judging from this guy's court records, he is fishing with his lawyer for a large class action lawsuit, and making the assumption that is was an auto-dialer initiated call, or hoping that they can shake you down for a settlement assuming you are not familiar with the laws they are trying to manipulate into a payday.

[mcaguru]

Not sure the legalities of Cell Phones but i would say i get for sure 10 calls a day maybe more on my phone and it keeps going up ( last year i was at 1-2 calls a day tops!!!)... will see soon new regs as it will for sure reach a call evrey 5-10 min over the next 2-3 years --- remember you heard it here first (that your cell will get a sales pitch 6-12 times an hour)..

[BROKER TIME]

not sure the legalities of cell phones but i would say i get for sure 10 calls a day maybe more on my phone and it keeps going up ( last year i was at 1-2 calls a day tops!!!)...

seems like your calling yourself 5x more these days

[mcaguru]

[BROKER TIME]

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.

your agreement says 3 months!!
we funded elswhere
merchant was called 2 weeks after decline and given another position by your team!!!!!!!!!

[BROKER TIME]

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.

you broker alot of files to them?

[mrmrg]

As much as I hate to say it, you're honestly better off settling with that schmuck. To defend yourself in court is going to cost at least 10k.

Been down this road twice before. Consult with a TCPA attorney.

[FifthVenture]

LOL tell them to fly a kite, there's more to it than that. Firstly making the call is only part of the issue. That within itself isn't enough. Was the ISO told not to call back? Was the ISO informed of this, was he told that the phone call is recorded? If these aren't to a T i'd shrug it off i've heard that name before. Google him he makes a living off suing people.

[Enablement Data]

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.

Zing

[Enablement Data]

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

I hate to promote this (because we never do) but here is a link to our Community Suppression List. It's basically just a bunch phone values for jerkoff litigators that have their phone numbers linked to a case and you'll find Terry on it.

It's free and you should use it as suppression values in your CRM.

We are fully aware of Terry because of the $x cost to settle with us in the past.

After that, we literally created a site acting as their competitor to outrank in organic search. It was worth every dollar even though it ended up costing us more than the settlement amount.

I find joy in "digitally telling" people you f*ck me, i f*ck you harder.

To sum it up, settle and move on or you'll bury yourself in fees dragging it out and in the end, they will win....and stop using a dialer versus a normal phone

[JasonBishop]

I don't believe anyone should recommend settling without cold hard facts. OP stated that it was a "hard dial" and that "Google had the number as business number." Settling is only enabling these cannibals to succeed in their unscrupulous practices. Absolutely do not settle and if you are in business and for the long term you need to have an attorney on retainer for these types of events. Particularly if the business revolves around outbound phone solicitation. Don't succumb to the vexatious litigators. Live on, do great and let your attorney advise you the best solution based on the facts of your case. If settling is the best course of action, so be it. To offer a settlement based upon their demands and no proof of anything is obscene.

[mcaguru]

I dont think there is a safe way to 100% avoid (major) issues when it comes to heavy heavy Auto dialing !!

[leocapgroup]

Just a heads up if someone runs into this issue with this guy. I read up on a couple of cases that he was suing people and if you do not make contact I believe he assumes you do not have any money to spend on a lawyer and he wont receive anything in return due to everyone that did hire a lawyer it dragged on and they usually settled becuase your cost to your lawyer will cost more then what he is demanding for settlement.

Good luck to those who run across this ****, pm me if you want some additional advice.
http://http://assets2.pacermonitor.c...d9643e3059775e

[leocapgroup]

Update just becuase I get a lot of DM's from this post. I did not hire a lawyer so that he would think that I couldnt afford one and would be waste of his time and his lawyers time to follow through. It worked for me not sure if that is the case for everyone.

I do suggest to not engage/talk to this pos he is a seriel litigator, after I got sued I strated using www.tcpalitigatorlist.com to filter out my leads, almost every list had one or 2. It is weird that some of the guys on the list I funded before but yeah.

[alcap]

Holy Fk...look at this guy on Pacer 157 cases files in fed court!

[Michael_EnablementData]

Wtf!

[capaxess]

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

I had and issue with the same plaintiff he's a pro. PM and I'll give you details, his action against me was dismissed.

[capaxess]

Holy Fk...look at this guy on Pacer 157 cases files in fed court!

He's a professional plaintiff, it's a group they work as a team - they live in court.