Do Not Call List and Texting

[UKTX]

is an email "written"?

Other than a "Hey Joe, it was nice meeting you by phone today. .......... This in my email.... My cell is 555-555-5555 may I use yours to text you also?"

How else are we to get written consent from clients we never put eyes on?

They want you to have a "consent to contact" form with a signature on it. Like others have said, 99% of agents and/or lead vendors are not compliant with this. Thays why AWL got sued for $6.5m. They had opt in language etc on their lead form but it wasn't/isn't enough under TCPA.

 

[TheAnnuityCOWBOY]

They want you to have a "consent to contact" form with a signature on it. Like others have said, 99% of agents and/or lead vendors are not compliant with this. Thays why AWL got sued for $6.5m. They had opt in language etc on their lead form but it wasn't/isn't enough under TCPA.

Yes and if anyone is foolish enough to follow the advise of Josh and other members above, they can get sued as well.

Never call or text a lead's cellphone or landline on DNC without consent. It's easy to follow the rules if you plan accordingly.

Unfortunately most agents find excuses to cut corners and break rules. Some on this forum think of themselves as sci-fi princesses and the rules do not apply.

The tcpa disagrees.

Treat your clients with respect and your business will thrive. Its not that hard..

Or fight the flow of the world and continue to struggle.

 

[Josh]

Yes and if anyone is foolish enough to follow the advise of Josh and other members above, they can get sued as well.

What state do you practice law in?

What advice did I give?

 

[TheAnnuityCOWBOY]

What state do you practice law in?

What advice did I give?

You advised the forum that manual dialing to cellphones is ok, when multiple courts have ruled that cellphones used in sales processes can be considered automated dialing systems. You also failed to acknowledge the explicitly stated laws in multiple states that make any manual dial to a cellphone against the rules.

Plus, you are A-ok with your client DHK using your data in ways that break the rules as a routine business strategy.

Absolutely noone should listen to your "advise" on TCPA compliance.

 

[Josh]

You advised the forum that manual dialing to cellphones is ok, when multiple courts have ruled that cellphones used in sales processes can be considered automated dialing systems. You also failed to acknowledge the explicitly stated laws in multiple states that make any manual dial to a cellphone against the rules.

Plus, you are A-ok with your client DHK using your data in ways that break the rules as a routine business strategy.

Absolutely noone should listen to your "advise" on TCPA compliance.

Respectfully, I also included a link to the actual law and encouraged folks to read it.

Could you cite the "multiple courts" or even a single one that supports your claim?

Further, you're talking about "cell phones used in sales process can be considered automated dialing systems", you appear to be mixing two things. A cell phone itself being used to initiate a call, "could" be considered an ATDS? So you are saying that a court "could" consider it an ATDS? Do you have any court cases you can point to that would indicate that it HAS been ruled an ATDS? More interestingly, calling using a cell phone is different than calling a cell phone. I'll clarify.

Calling a cell phone from an "good old fashioned touch tone phone", would not be considered an ATDS. My understanding is that calling from a non-ATDS phone (just about any desktop phone, whatever) is that calling a cell phone from a non-ATDS is possibly one of the very few things still allowed. I'll also admit, it's been a few years since I've really done a deep dive on it. Are you aware of a prohibition on calling cell phones from non-ATDS phones?

 

[Josh]

Plus, you are A-ok with your client DHK using your data in ways that break the rules as a routine business strategy.

Would it be safe to say that you believe corporations should be controlling their customers?

Truthfully, it isn't my business to be a nanny for my customers. I list on the website the rules as I see them and suggest people review the laws themselves. I literally do business in virtually every state in this country, plus international.

Is it your position that in addition to providing up to 100,000 leads per month for $50/month, I should also provide legal advice and enforcement services? What role do you think a list broker should take in enforcing compliance with laws? And follow up, where would I find similar examples of this behavior with other internet businesses (or any other industry for that matter)?

Would you like to have a discussion about corporate accountability?

 

[rousemark]

Absolutely no one should listen to your "advice" on TCPA compliance.

Fixed that for you.

 

[TheAnnuityCOWBOY]

Are you aware of a prohibition on calling cell phones from non-ATDS phones?

No, but noone uses landlines. What you are probably talking about are phones attached to voip dialers, like RingCentral, which would be considered automated dialing systems. Regardless the intent of TCPA is to eliminate unwanted marketing calls. Any method an agent uses to make unwanted marketing calls will potentially open him to liability, besides just being a bad business model.

"the statutory definition of an ATDS is not limited to devices with the capacity to call numbers produced by a random or sequential number generation, *but also includes devices with the capacity to dial stored numbers automatically.*" i.e. cellphones.

Marks v. Crunch San Diego, LLC, 904 F.3d 1041 | Casetext Search + Citator

 

[TheAnnuityCOWBOY]

Fixed that for you.

Lol thanks

 

[Josh]

No, but noone uses landlines.

*no one