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05-04-2016, 03:31 PM #1
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If you are generating leads online from a web form you can have the page and brand of the page be something generic like Lendability.com or BusinessFunding.com as long as in the Terms your company brand is referenced as one of the partners that will be calling them. Take a look at BizCashPros.com. This page has that specific language. A consumer is a consumer regardless if they own a business and are inquiring about their business or not. So as long as you have your TCPA disclosure in the form process you then can legally call them.
As far as household names go,... I have had multiple clients that are not household name/fortune 500 operations that have been hit with TCPA lawsuits... so I do not believe this is true.. it makes sense that they want to go after the big pocket operations but this does not put you in the clear from any possible litigation. These guys seed forms by entering their info and then they see who calls them and then they make claims based on the violations.
Thanks for your input.
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05-04-2016, 05:51 PM #2
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The companies that get hit with these lawsuits are companies that have significant revenue. Remember it's not the feds going after these businesses 99% of the time, it's class action lawyers, with the feds simply enforcing the judgments. Ironically, the biggest scam is on the consumers typically in these class action, as the law firm typically collect almost of 1/3 of the suit.
Chase had settled a robocall suit for $34 million dollars, they were contacting consumers regarding auto loans, even though they never inquired about one: each consumer won about $45 - $55 each, it was millions of people. The law firm kept about 11.4 million for their fees. 15 lawyers dividing 11.4 mil is just over $750,000 each. That's why they're not going to bother going after the small violators, not when well known big revenue companies are doing this, not because the small companies are above the law.
There is a distinction between a consumer phone and a business phone line. The TCPA does not say it is unlawful to robo-call a business line. If it does, show me please. Thanks in advance.
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