Dleathers
New Member
- 16
Imagine you trusted your lead source, they did something shady, and you ended up with a letter from a TCPA litigator. Should your lead source pay the bill?
Should your lead source pay for your TCPA violations?
- Thread starter Dleathers
- Start date
- 11,281
Lead vendors are hired (by you) to represent you to the public to solicit interested people to meet with you.
If they violate TCPA, it becomes your fault because you hired them, despite their location around the world.
This is the same principle behind the principle of representation of agents representing insurance companies. Ever find it odd that every selling contract we enter into, has a clause that requires the agent to return all selling materials back to the company? Why is that?
If one took the CLU course "Life Insurance Law", they'd be introduced to the concept of representation and responsibility to the public through implied representation and who is on the hook for one's actions. Just having sales material implies you are representing the given company, even if your contract had been terminated and the company is still on the hook for your actions.
Ignorance of the law and understanding the responsibility of representing someone else... is not an excuse.
If they violate TCPA, it becomes your fault because you hired them, despite their location around the world.
This is the same principle behind the principle of representation of agents representing insurance companies. Ever find it odd that every selling contract we enter into, has a clause that requires the agent to return all selling materials back to the company? Why is that?
If one took the CLU course "Life Insurance Law", they'd be introduced to the concept of representation and responsibility to the public through implied representation and who is on the hook for one's actions. Just having sales material implies you are representing the given company, even if your contract had been terminated and the company is still on the hook for your actions.
Ignorance of the law and understanding the responsibility of representing someone else... is not an excuse.
The ambiguous laws around TCPA (even your cellphone is technically an ADTS) is making me consider removing all carrier logos from my website. I'm more likely to be sued for "autodialing" because a litigator can see I'm affiliated with big carriers with some deep pockets. When my pockets are pretty shallow. If my pockets were deep, I wouldn't be sitting here cold calling you on a Sunday afternoon!
TheBatman
New Member
- 8
I can see the arguments for how it's the agent's fault based on the previous responses. But if the lead source says the they are guaranteed compliant, verified against the DNC list, etc in their disclosures, how is it NOT their fault?
You're sitting with me while I go over the life insurance option, for instance, trusting me that what I say is true. Why is the standard lower for lead sources? It shouldn't be. And how would one conduct due diligence? Go over each name and number and compare it to some national registry?
I'm new, but what am I missing?
You're sitting with me while I go over the life insurance option, for instance, trusting me that what I say is true. Why is the standard lower for lead sources? It shouldn't be. And how would one conduct due diligence? Go over each name and number and compare it to some national registry?
I'm new, but what am I missing?
whatyouwantfinally
Guru
- 457
They've done some narrowing on this. A cellphone isn't an ADTS.
- 11,281
First, you're right - it would be their fault. However, we hired and contracted them, so we would be at fault... first. Believe me, the next step would be a lawsuit of equal or higher value against the vendor.
Many lead sources are based outside of the U.S. Therefore, THEY get to call into the U.S. all day long without repercussions... while U.S. citizens have to obey the law.
There is the DNC registry [EXTERNAL LINK] - National Do Not Call Registry that you're supposed to verify each number with before making an outbound call. I believe some dialing services may scrub the list for you?
If you're making your own calls, and someone says "I'm on the DNC", my response is this:
1. "I apologize."
2. "I will update my records immediately."
3. "Thank you for your time." And immediately hang up.
I'm not sure I could trust a call center to do the same thing, but they should.
- 2,118
Your response is good ... mine is better.
When they created the DNC law they deliberately omitted two industries. Politicians and Debt Collectors.
If I get ahold of someone on the list and they are snarky about it, I say:
Bitch, you never paid the fine on that library book way back in the 3rd grade. I want my money. And while you at it, I'd appreciate it if you would write my name in on the next election.
Once again, my name is David Kinder.
From my experience, most of the time the agent won't have to come up with any money, because they usually let the "client" know that they are dead broke, even if they aren't. Then they'll come after the IMO (or whatever source the lead was bought from). At that time, the IMO can go back to the vendor and try to recoup.
Our vendor knows very well they should be scrubbing. Nonetheless, some still go through. We just deduct that much from the amount we have to pay them. Easy as that as long as you make agreements with the vendor beforehand.
Our vendor knows very well they should be scrubbing. Nonetheless, some still go through. We just deduct that much from the amount we have to pay them. Easy as that as long as you make agreements with the vendor beforehand.
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