TCPA lawsuit
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  1. #1
    Senior Member Reputation points: 16117 capaxess's Avatar
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    TCPA lawsuit

    Anyone on the board familiar with handling predatory TCPA lawsuits?

    Grateful for any guidance from the more experienced folks on this forum.

  2. #2
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    Was it filed or they doing the threatening trying to get money out of you ?

  3. #3
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    You can buy a list of these scammers from certain sources and match it with the leads you have. Best protection is if they hang-up call back once. If they hang-up again, then wait 16 minutes before placing the 3rd call.

    If they are a TCPA leach then most times they will know you know what they are up to by your call behavior and most likely not even answer the 3rd call.
    Last edited by getitfunded; 12-23-2020 at 07:01 PM. Reason: Typo king

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  5. #5
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    Quote Originally Posted by capaxess View Post
    Anyone on the board familiar with handling predatory TCPA lawsuits?

    Grateful for any guidance from the more experienced folks on this forum.
    Settle for 5k because you're going to end up settling no matter what. Next time use a better DNC scrubbing tool/list.

    Also treat all legal advice the price you pay for it.

  6. #6
    Senior Member Reputation points: 16117 capaxess's Avatar
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    Quote Originally Posted by Michael I View Post
    Was it filed or they doing the threatening trying to get money out of you ?
    Filed, they served me last Thursday.

  7. #7
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    Quote Originally Posted by CT3 View Post
    Settle for 5k because you're going to end up settling no matter what. Next time use a better DNC scrubbing tool/list.

    Also treat all legal advice the price you pay for it.
    That's only IF the plaintiff is willing to settle for 5k..

    My shop has been sued twice, both by professional plaintiffs. One was a TCPA attorney using a burner cell and the other was a professional plaintiff named James Everett Shelton. He's pretty famous for suing just about anyone out there. Guy even had a website claiming to "purchase" TCPA suits.

    https://pennrecord.com/stories/53905...se-against-him

    Both times we had to settle because our TCPA attorney advised us that the cost of defense alone would be 10k+.

    I'd say at the end of the day we lost about 20-25k with legal fees included to those two losers.

  8. #8
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    Does anyone know how much money I can make by going onto the TCPA business?

    I’ve seen people post that some TCPA litigants are easily earning six figures (if you calculate 5 lawsuits a month, x $5,000 each, it quickly adds up)

  9. #9
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    Quote Originally Posted by capaxess View Post
    Filed, they served me last Thursday.
    lawyer up and probably settle if you use a dailer. the first time i was sued we did zero wrong and the guy was a complete scam.Filled out a lead and than asked rep to call him back on cell than filed suit . i fought it and he backed down and dropped the suit

  10. #10
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    Quote Originally Posted by SmartAdvanced View Post
    Does anyone know how much money I can make by going onto the TCPA business?

    I’ve seen people post that some TCPA litigants are easily earning six figures (if you calculate 5 lawsuits a month, x $5,000 each, it quickly adds up)
    much higher because they threaten lawsuits if you don't give me xx and a ton just pay that

  11. #11
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    If a merchant does not want to sue, but would like the calls to stop, what is the best language the merchant should use when speaking with the MCA Companines that are calling to get them to actually stop calling them?

    Is there certain key words that a merchant should use to let the MCA solicitors know that they really need to not call them again becuase the merchant is savy about the whole TCPA protections?

    What do you all think about this call dialog example below? If you called a merchant and you and them had the below dialog, would you see to it that they are never called again by you company? And after having the below dialog with the merchant, would you feel that if the merchant was called again by your company, they would be well within their rights to sue your business?

    Example call dialoge...
    Merchants Cell Phone Rings...

    (Merchant) Hello.

    (MCA) Can I speak with the business owner.

    (Merchant) How can I help you.

    (MCA) Is your business in need of any capital?

    (Merchant) Thanks for asking, may I ask who I am speaking with?

    (Mca) Bob, and I have some great offers on the table.

    (Merchant) Slow down Bob, I don't kiss on the 1st date lol. Bob what company are you with and where are you based out of?

    (Mca) Forgive me about that, Its just that I'm so excited about these offers I have for you. I work with ABC123 Funding out of New Jersery. Are you currently in an advance?

    (Merchant) Bob you called me on my cell phone and the coverage sucks and I'm having a hard time hearing you. Is there a number I can give you a call back at?

    (MCA) 555-555-5555

    (Merchant) And if I need to send over some statements to you what's your email address?

    (Mca) bob@abc123.com

    (Merchant) Thanks. Can you do me 1 favor?

    (Mca) Yes sure, what is it?

    (Merchant) Please remove my number from your call list and do not call me back.

    (Mca) [no response, just hangs up the phone].

  12. #12
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    Quote Originally Posted by Winning View Post
    If a merchant does not want to sue, but would like the calls to stop, what is the best language the merchant should use when speaking with the MCA Companines that are calling to get them to actually stop calling them?
    I am out of business, do you fund start ups ?

  13. #13
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    Quote Originally Posted by Michael I View Post
    I am out of business, do you fund start ups ?
    I am not sure that would prevent a call back. Every business was at 1 point a startup. So they would just notate the file and call me back a later date. Plus there was not a specific request for them not to call back, nor is there any info letting the MCA caller know that they are calling a cell phone.

    I would think the cell phone statement and the request to not be called back would be very important in the event the merchant was called back again by the MCA and wanted to sue.

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