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  1. #1
    Member Reputation points: 30 WalkingTall74's Avatar
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    Indemnity Agreements

    Good morning all and thank you in advance for your input.

    Question - With the recent FCC ruling concerning contacting mobile phones; has anyone considered or should we have the expectation of having the marketing companies we contract sign a Indemnity Agreement releasing the sales organization from any liability?

    1. Is it realistic to think a marketing company would agree to such indemnity?
    2. Can such an agreement actually be effective (Get Out of Jail Free Card)?



    As i interpret the latest ruling; no cell phones can be called, even if the number is used for business purposes...

    Any thoughts would be greatly appreciated....

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  3. #3
    Senior Member Reputation points: 2019 Lenders.Marketing's Avatar
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    Remember businesses and phone numbers listed as business phone numbers are not protected by the Do Not Call list. The Do Not Call list only applies to consumer phones that have signed up.

    As a precaution we scrub against the Do Not Call list and offer our clients the option of leaving business cell phones numbers in or out of the mix.

    Also it is advisable to check with your individual state laws concerning telemarketing especially "auto-dialing".

    If you have any other questions feel free to contact us.
    3110 Main Street
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    We connect Lenders with their future clients


    Check out how our Business Loan Triggers work:
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  4. #4
    Member Reputation points: 30 WalkingTall74's Avatar
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    Thanks Nick
    I may have misread, but it seems the TCPA ruling applies to ALL mobile devices whether associated to a business or not and irrelevant if its registered on the DNC or not.... scary...

    http://www.lexology.com/library/deta...1-8e2afdf4b498

  5. #5
    Senior Member Reputation points: 2019 Lenders.Marketing's Avatar
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    There is some discussion about reassigned cell phone numbers which pertains to procedure but mostly they are referring to texting.

    I recommend you familiarize yourself with the Auto-dialer aspects both nationally and at the state level.

    Again if you are calling a business on their listed business phone number (some businesses list cell phones as their business phone number) you are safe. Just make sure where you purchase your business phone numbers is taking the proper steps to provide business phone numbers.

    If you are not comfortable calling cell phones after doing your due diligence or by choice just be sure to work with a business data provider that will scrub against the cell phone database.
    3110 Main Street
    Building C
    Santa Monica, CA 90405

    info@lendersmarketing.com
    www.lendersmarketing.com

    Direct (805) 765-6459
    Toll-Free (888) 988-2867
    Fax Number (818) 925-9686

    We connect Lenders with their future clients


    Check out how our Business Loan Triggers work:
    http://www.lendersmarketing.com/busi...-triggers.html

  6. #6
    Member Reputation points: 30 WalkingTall74's Avatar
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    Thanks Nick
    I'll reach out to you shortly.
    Let's discuss a little more about your campaigns and how it addresses my concerns above.

  7. #7
    Veteran Reputation points: 134971 Chambo's Avatar
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    You can argue about whether cell phone shoudl or should not be allowed to be on DNC list. The FCC fines for violations are substantial.

    You willing ot gamble on the on the off chance that they are wrong? Is it worth that much to you?

    Personally, I think auto dialers and press 1's are passe by a good 5-6 years. But if you still use them, might as well play it safe and have all cell phone #'s removed.

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