[blindbid]

Our firm represents Mr. John Doe who has received several unauthorized telemarketing calls from your company....

Most demand letters begin like this. They end with you having to shell out thousands of dollars to make these professional TCPA litigators go away.

With the new administration and the new head of the FCC, there are some big changes coming to the TCPA.

Last week, FCC commissioner Michael O’Rielly spoke at an American Collections Association International conference. His remarks are resoundingly positive for our industry:

"With the change in Administration, new leadership at the Commission and a new Bureau head overseeing TCPA, we have the chance to undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the FCC’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither."


Link to FCC Michael O'Reilly's Comments


https://www.dropbox.com/s/0r3fsneobz...ielly.pdf?dl=0

[WestCoastFunding]

Great, instead of getting 3-5 calls a day, merchants may soon get 5-10 and endless fax blasts. How awesome for them.

[jotucker1983]

Our firm represents Mr. John Doe who has received several unauthorized telemarketing calls from your company....

Most demand letters begin like this. They end with you having to shell out thousands of dollars to make these professional TCPA litigators go away.

With the new administration and the new head of the FCC, there are some big changes coming to the TCPA.

Last week, FCC commissioner Michael O’Rielly spoke at an American Collections Association International conference. His remarks are resoundingly positive for our industry:

"With the change in Administration, new leadership at the Commission and a new Bureau head overseeing TCPA, we have the chance to undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the FCC’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither."


Link to FCC Michael O'Reilly's Comments


https://www.dropbox.com/s/0r3fsneobz...ielly.pdf?dl=0

They need to do something in relation to these telephone and email related marketing laws, because for the most part, they really haven't made a lot of damn sense.

- They haven't stopped spam, they aren't protecting "consumers", and they don't stop cold-calls.

- All these insane laws have done is create these "Professional Plaintiffs" who run around like a jacka$$ suing companies and trying to make a quick buck from out of court settlements. Just stupid.

[Jplummer]

They need to do something in relation to these telephone and email related marketing laws, because for the most part, they really haven't made a lot of damn sense.

- They haven't stopped spam, they aren't protecting "consumers", and they don't stop cold-calls.

- All these insane laws have done is create these "Professional Plaintiffs" who run around like a jacka$$ suing companies and trying to make a quick buck from out of court settlements. Just stupid.

Typically the "Professional Plaintiffs" receive a small portion of any settlement in these cases. It is the "Activist Attorneys" who are exploiting any industry they can. They know that it is cheaper in most cases to settle and make it go away rather than to go to court. I had an attorney that actually told me "I don't care if my client is right or wrong. You can settle this now for $4,500.00 or it will cost you $15,000.00 to defend in court." (regarding a collection issue several years ago).

[jotucker1983]

Typically the "Professional Plaintiffs" receive a small portion of any settlement in these cases. It is the "Activist Attorneys" who are exploiting any industry they can. They know that it is cheaper in most cases to settle and make it go away rather than to go to court. I had an attorney that actually told me "I don't care if my client is right or wrong. You can settle this now for $4,500.00 or it will cost you $15,000.00 to defend in court." (regarding a collection issue several years ago).

I 100% agree. That's why these insane regulations need to go.

- If someone was harmed, scammed, or hurt in some other sort of way, that's one thing.

- But to just create laws like this where people can easily "sue" and run up legal costs to where it's "easier" to just give them free money (settle out of court) is insane.

I mean a guy can be sued for just trying to make a living (cold-calling), what kind of insane crap is that?

[Chambo]

I 100% agree. That's why these insane regulations need to go.

- If someone was harmed, scammed, or hurt in some other sort of way, that's one thing.

- But to just create laws like this where people can easily "sue" and run up legal costs to where it's "easier" to just give them free money (settle out of court) is insane.

I mean a guy can be sued for just trying to make a living (cold-calling), what kind of insane crap is that?

Just like Doctors and bug retailers who are sued left, right & in between by these ambulance chasers. Too many lawyers, all looking for income, go after every and any morsel out there

[Yankeeman07]

Our firm represents Mr. John Doe who has received several unauthorized telemarketing calls from your company....

Most demand letters begin like this. They end with you having to shell out thousands of dollars to make these professional TCPA litigators go away.

With the new administration and the new head of the FCC, there are some big changes coming to the TCPA.

Last week, FCC commissioner Michael O’Rielly spoke at an American Collections Association International conference. His remarks are resoundingly positive for our industry:

"With the change in Administration, new leadership at the Commission and a new Bureau head overseeing TCPA, we have the chance to undo the misguided and harmful TCPA decisions of the past that exposed legitimate companies to massive legal liability without actually protecting consumers. The D.C. Circuit has yet to issue an opinion on ACA International’s appeal of the FCC’s TCPA Omnibus Order, which was joined by a wide array of parties. And I hope against all hope that a number of aspects of that Order will be overturned. Perhaps indicative, the D.C. Circuit recently said that TCPA did not give the FCC authority to require opt-out notices on solicited faxes. But regardless of the outcome on the broader TCPA appeal, I expect that the FCC will need to revisit the issue to write rules that are truly clear and rational. The 2015 rules are neither."


Link to FCC Michael O'Reilly's Comments


https://www.dropbox.com/s/0r3fsneobz...ielly.pdf?dl=0

How does this apply to this section of the Forum?
Forum: Merchant Cash Advance

Purchases of future revenues (discussion only)

[blindbid]

I think most people have been sued by serial lawyers not merchants. Legal extortion should not be legal.

[FUNd]

Great, instead of getting 3-5 calls a day, merchants may soon get 5-10 and endless fax blasts. How awesome for them.

Anyone still using an ink based fax machine deserves endless fax blasts. I finally got my first robodial at work for MCA. I decided to press 1 and see who was on the other end. It was an Indian call center and my first question was "What are your interest rates?" They hung up immediately, how disappointing. The robos I get for Viagra try and sell me harder (no pun intended).

Probably one of those 'live transfer" deals little brokers sign up for and wonder why after spending $50 a call, none of them are pre-qualed, much less covert.

[skideeppow]

ok, i just got a letter from an attorney, who said i called him on certain dates. In the legal docs he sent to me, he makes claims that are not true, such that i disguised or spoofed my number. I dont have that capability.

IN addition, this lead came to me from someone, as a construction company, and i have a log of the conversations and at no time did he tell me not to call. He asked me to call back later on numerous occasions, and actually provided me his email address to send over information.

None the less. looks like i will have to deal with this.

Any suggestions for an attorney i would need to engage to deal with this?

[The Chosen One]

ok, i just got a letter from an attorney, who said i called him on certain dates. In the legal docs he sent to me, he makes claims that are not true, such that i disguised or spoofed my number. I dont have that capability.

IN addition, this lead came to me from someone, as a construction company, and i have a log of the conversations and at no time did he tell me not to call. He asked me to call back later on numerous occasions, and actually provided me his email address to send over information.

None the less. looks like i will have to deal with this.

Any suggestions for an attorney i would need to engage to deal with this?

Please don't tell me that this merchant's initials are DB.

That guy is NOTORIOUS for trying to bully brokers and funders out of their hard earned money. Do yourself a favor and hire an attorney to formally blast him.

Don't waste your time going to court, this schmuck just wants a couple grand to go away... If only it was that easy.

[skideeppow]

Please don't tell me that this merchant's initials are DB.

That guy is NOTORIOUS for trying to bully brokers and funders out of their hard earned money. Do yourself a favor and hire an attorney to formally blast him.

Don't waste your time going to court, this schmuck just wants a couple grand to go away... If only it was that easy.

no initials are pm

[WestCoastFunding]

This sounds like an awful situation. I feel for you.

[ridextreme]

There is no B2B Federal do not call list. A business is allowed to solicit another business via the telephone.

Since it came in as a construction company, he was probably the one changing his info to trap someone and threaten to sue them but willing to "settle" for a few grand, figures an MCA broker will be quick to settle with him not knowing what he did wrong.

[Michael I]

went through the same thing.merchant filled out a request on our website ,asked the rep to call him later on his cell and then sued saying unsolicited call on my cell at night, i am on do not call regeristery , pay me 5k or ill sue you to death .

[WestCoastFunding]

went through the same thing.merchant filled out a request on our website ,asked the rep to call him later on his cell and then sued saying unsolicited call on my cell at night, i am on do not call regeristery , pay me 5k or ill sue you to death .

Wow, what was the end result?

[skideeppow]

went through the same thing.merchant filled out a request on our website ,asked the rep to call him later on his cell and then sued saying unsolicited call on my cell at night, i am on do not call regeristery , pay me 5k or ill sue you to death .

so what did you do? what happened?
I already contacted an attorney and will probably put him on retainer. He said i was using call blocking/disguising software which i dont have.

[Michael I]

so what did you do? what happened?
I already contacted an attorney and will probably put him on retainer. He said i was using call blocking/disguising software which i dont have.

i gave him my lawyer info , he tried strong arming my lawyer who did not back down. Guy then decided to sue rapid capital and integrity but thank god left me alone.

[Karen37a]

Like they said b2b isn't on DNC list... but Home based business can be added to certain states and cell phones without waiver/disclosure. ( make sure home based is not virtual then all bets are off)
Robo calls are what cause most of the problems along with fax blasts and 3rd party
If you have one of these yee haaas after you..most applications say "any and all affiliates" can contact for permissible purposes...call in the chips and ask for an original app.
You have to have an updated 30-day app for credit pull 90 days for resi contact.. ." ambiguous' for apps shopped to death, b2b
Search to see if they opted out from Experian offers and the like ...

dun and beat street ..etc....slap back with a frivolous damage suit...compare against past future or pending litigation.

And I am not a Lawyer, I only play one on Tv.

exit or attack clues

stare decisis

[abfunders]

I'm subscribed to an email of a lawyer who specializes in telemarketing defense. I call him once, he asked me to put him on his mailing list. Eric Allen of telemarketinglawyer.com
He just sent me this, thought it would be of help to everyone

FREE WEBINAR: Reducing Risk in 2017

Telemarketing compliance attorney Eric Allen will present on a webinar being hosted by Contact Center Compliance next week on Tuesday, June 13th, 2017 at 11:00 AM PT/2:00 PM ET. A variety of topics will be covered, including a quick review of TCPA and TSR rules, the FTC's new avatar/soundboard policy, B2B vs B2C, non-profit exemptions and cutting edge consent techniques. A Q&A session will follow the 45-minute presentation. Registration link here.

Eric Allen is a partner at the Salt Lake City based law firm of Allen, Mitchell & Allen PLLC. Eric has a practiced focused TCPA (FCC) and TSR (FTC) compliance and defense. Eric represents hundreds of telemarketers, sellers, debt collectors, lead generators and software dialer vendors around the globe. Eric has also been admitted in federal courts around the country to defend consumer class action cases.

[skideeppow]

I'm subscribed to an email of a lawyer who specializes in telemarketing defense. I call him once, he asked me to put him on his mailing list. Eric Allen of telemarketinglawyer.com
He just sent me this, thought it would be of help to everyone

FREE WEBINAR: Reducing Risk in 2017

Telemarketing compliance attorney Eric Allen will present on a webinar being hosted by Contact Center Compliance next week on Tuesday, June 13th, 2017 at 11:00 AM PT/2:00 PM ET. A variety of topics will be covered, including a quick review of TCPA and TSR rules, the FTC's new avatar/soundboard policy, B2B vs B2C, non-profit exemptions and cutting edge consent techniques. A Q&A session will follow the 45-minute presentation. Registration link here.

Eric Allen is a partner at the Salt Lake City based law firm of Allen, Mitchell & Allen PLLC. Eric has a practiced focused TCPA (FCC) and TSR (FTC) compliance and defense. Eric represents hundreds of telemarketers, sellers, debt collectors, lead generators and software dialer vendors around the globe. Eric has also been admitted in federal courts around the country to defend consumer class action cases.

Funnny, I spoke to him prior to your post. Said i should just let it go. Guy filed against one of his clients a while back. His client did not respond and it never went anywhere.

[skideeppow]

so this attorney reached out to me via emial. He asked if i wanted to discuss his demand letter. I guess he is just looking for a settlement. Thoughts?

[ridextreme]

so this attorney reached out to me via emial. He asked if i wanted to discuss his demand letter. I guess he is just looking for a settlement. Thoughts?

Block him!

an email? lol. if he was serious he would send a certified letter. Just refuse those too. **** him.

[WestCoastFunding]

so this attorney reached out to me via emial. He asked if i wanted to discuss his demand letter. I guess he is just looking for a settlement. Thoughts?

Sue him for sending you an unsolicited email.

[Jplummer]

First I would check with the bar in his area to see if he is an actual attorney and I would file a complaint with them if he is...If he is not then I would file a complaint with the Attorney General's office in his area. Either way he will either have to respond to an ethics complaint or possible criminal charges.