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12-23-2020, 05:43 PM #1
TCPA lawsuit
Anyone on the board familiar with handling predatory TCPA lawsuits?
Grateful for any guidance from the more experienced folks on this forum.
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12-23-2020, 06:51 PM #2
- Join Date
- Jun 2015
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- 3,325
Was it filed or they doing the threatening trying to get money out of you ?
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12-23-2020, 06:52 PM #3
- Join Date
- Dec 2015
- Location
- Los Angeles, CA
- Posts
- 121
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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12-23-2020, 11:16 PM #4
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12-24-2020, 12:13 AM #5
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- Oct 2020
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- 129
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12-24-2020, 05:44 AM #6
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12-24-2020, 10:02 AM #7
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- Dec 2017
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- 238
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.
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12-24-2020, 10:06 AM #8
- Join Date
- Jun 2015
- Posts
- 754
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)
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12-24-2020, 10:24 AM #9
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12-24-2020, 10:26 AM #10
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12-24-2020, 12:57 PM #11
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- Aug 2016
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- 486
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].
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12-24-2020, 01:05 PM #12
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- Jun 2015
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12-24-2020, 02:06 PM #13
- Join Date
- Aug 2016
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- 486
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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