Will Shared Internet Leads Become Illegal? Are They Now?

[Josh]

Most likely, if the industry doesn't clean up by itself, there will be a requirement for them to check that they're ok with being contacted by a specific number of agents.

This would probably be a beautiful class action lawsuit.

 

[JRoot]

The FTC gives you 90 days to contact someone requesting information and therefore it is not illegal.

If lead companies only sold the information to 2 agents as shared then only 2 agents would call. There wouldn't be a problem. It's the lead companies that need to clean up their act.

 

[xrac]

And more and more American will sit in their living rooms watching a big screen tv they can't afford and think, "Man, I really could use some life insurance/health insurance/I'm paying too much for my car insurance/etc. I really wish I knew how to find an agent who could help me with this."

That is also the truth! The DNC regulations are contributing to most people being grossly under insured.

 

[Josh]

The FTC gives you 90 days to contact someone requesting information and therefore it is not illegal.

If lead companies only sold the information to 2 agents as shared then only 2 agents would call. There wouldn't be a problem. It's the lead companies that need to clean up their act.

You're missing a huge part of the puzzle. The minute I say "don't call me again", you are breaking the law in contacting me. That should carry over to every agent that has the lead. If there is a single point where they can opt-in, there should be a single point where they can opt-out.

If I were a consumer, I shouldn't have to tell each agent that contacts me individually to not contact me again. While perhaps inconvenient, that's the way the law should be applied. Even if it was just two agents, if I tell one that I'm no longer interested, the other one shouldn't be contacting me either.

There is no question that the lead companies need to clean up their act, but this is a different issue altogether. It's 90 days or until they say stop contacting you.

 

[VolAgent]

The lawsuit really isn't going to go anywhere.

First, there isn't a mechanism for one agent to notify the other agents, vendor, etc. Second, what if the agent is told, do not call, but fails to note it for everyone else. Third, you could easily make a follow up call before it had a chance to get to you.

Also, vendors would hate it. No one is going to pay for leads that come through, "DO NOT CALL" before they even had a chance to work them. Finally, what if you get in touch with the prospect and they like what you have to say, but tell the next guy not to call. So can you finish the transaction, or do you have to obey the DO NOT CALL?

 

[Norwayguy]

You're missing a huge part of the puzzle. The minute I say "don't call me again", you are breaking the law in contacting me. That should carry over to every agent that has the lead. If there is a single point where they can opt-in, there should be a single point where they can opt-out.

If I were a consumer, I shouldn't have to tell each agent that contacts me individually to not contact me again. While perhaps inconvenient, that's the way the law should be applied. Even if it was just two agents, if I tell one that I'm no longer interested, the other one shouldn't be contacting me either.

There is no question that the lead companies need to clean up their act, but this is a different issue altogether. It's 90 days or until they say stop contacting you.

Josh following your line of reason when the consumer says do not contact me again or put me on your DNC list the agent does that but it only affects thier company. The 1 common point of contact is the vendor, they should go back to the website and request it there.

Also there is the timing issue. Have you ever had someone tell you they are on the DNC but your scrubbed list disagrees. How often must we legally update our DNC info do we need to do it before every single call?
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The lawsuit really isn't going to go anywhere.

My understanding of the DNC is that it is a regulatory enforcement action. You as a consumer making a complaint do not file a lawsuit for the $11K the $11K is a fine so the agreived party is only helping to fill the federal coffers.

 

[Josh]

Josh following your line of reason when the consumer says do not contact me again or put me on your DNC list the agent does that but it only affects thier company. The 1 common point of contact is the vendor, they should go back to the website and request it there.

There is no mechanism for them to do that. Again, we're not talking about some new law, this is the DNC regulation as it sits today. If there is a part of the terms and conditions stating that multiple agents may contact them, surely they don't expect it to be sold and resold for years. In fact, even if that wasn't an issue, after 90 days NO ONE has permission to contact them if they're on the DNC list. That's the law. If it's been more than 90 days and they're on the DNC, they're no longer fair game.

Also there is the timing issue. Have you ever had someone tell you they are on the DNC but your scrubbed list disagrees. How often must we legally update our DNC info do we need to do it before every single call?

Every 30 days.
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My understanding of the DNC is that it is a regulatory enforcement action. You as a consumer making a complaint do not file a lawsuit for the $11K the $11K is a fine so the agreived party is only helping to fill the federal coffers.

It's up to $16k per call and it does go to the government, no the individual. Some folks will sue the individual, but that's a different game altogether.

 

[Norwayguy]

There is no mechanism for them to do that. Again, we're not talking about some new law, this is the DNC regulation as it sits today. If there is a part of the terms and conditions stating that multiple agents may contact them, surely they don't expect it to be sold and resold for years. In fact, even if that wasn't an issue, after 90 days NO ONE has permission to contact them if they're on the DNC list. That's the law. If it's been more than 90 days and they're on the DNC, they're no longer fair game.




Every 30 days.
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It's up to $16k per call and it does go to the government, no the individual. Some folks will sue the individual, but that's a different game altogether.

Josh I totally agree that after 90 days of thier request if they are on the DNC it is illegal to contact them based on the lead request.

I just can't see how telling agent A not to contact me or put me on your DNC can affect Agents B-Z unless they are also agents of the same company as Agent A. They have the clients permission based on the lead request to contact them. There is no mechanism or obligation for Agent A to inform Agents B-Z of the clients request.

I just went to a site and did something probably no client does. I clicked on the privacy policy link and read the terms and conditions. The conditions of that website is that they where agreeing to be contacted by up to 8 providers. Buried in the Privacy policy was the link to the terms and conditions.

The terms and conditions of the site have the user ie prospect hold the site harmless just another reason to hate internet leads.

 

[Josh]

I just went to a site and did something probably no client does. I clicked on the privacy policy link and read the terms and conditions. The conditions of that website is that they where agreeing to be contacted by up to 8 providers. Buried in the Privacy policy was the link to the terms and conditions.

The terms and conditions of the site have the user ie prospect hold the site harmless just another reason to hate internet leads.

While obviously buried, that's even still reasonable. It would be annoying to tell 8 agents/agencies not to bother me anymore, but that's still only 8.

This is exactly the type of thing the FTC likes to get ahold of. Robo calls were perfectly legal, but assaultive, and now they're illegal.

 

[Dglossoplend]

This is one reason "lead" companies will become to disappear at some point. Consumers are becoming more savvy and don't want to be just a name and number for the masses to call. Even if not masses they don't have a clue who is contacting them.

What if the agent had a profile where the consumer could see who they were working with. See reviews, a picture, background check, licenses etc. Make them a valid agent.
Then have the consumer know who they have been matched with and expect a call or message from them. Or the consumer can choose who to work with at their discretion.