- 14,809
This is not true. The agent would be fined then the agent would have to turn around and sue the lead provider.
My Experience with Autodialer HealthLeadsNow.com, UPDATE.
- Thread starter VaDwayne
- Start date
This is not true. The agent would be fined then the agent would have to turn around and sue the lead provider.
Are you sure? Personally, I don't find following the dnc rules to be that cumbersome, but if you can show that you bought a list from the person who is making the calls, my guess is the calling company would be held liable.
Doesn't mean you wouldn't be threatened.
Has there ever been a case were the agent was actually fined when they could show a reason to believe they were do not call compliant?
Personally, I would ban all robo-calls for telemarketing, but I don't think the agent would actually be fined in this example.
Dan
- 5,949
The initial call was by the lead vendor, then the lead was "sold" to the agent as a legit lead. The agent acted on this merit when calling the lead client as an opt in lead.
The lead company would be liable.
Only because I had to defend my lead company last year on a similar issue do I say this . . .
Unless you have some other documentation, I can only speak of my experience
Tom
- 14,809
Agreed. If that agent was just buying leads I don't "think" they'd be liable. However, if an agent is running a live telemarketing campaign they are directly liable.
- 5,949
The way the OP stated it was he purchased leads.
Even if he purchased live transfers, leads, etc - if the agent "purchased" those transfers, leads, etc from a vendor - then the agent was acting in good faith and the vendor would be liable since it was the vendor that initiated the process.
Ofcourse - this is just my opinion.
Tom
- 14,809
I'm sure in a real case both the agent and the vendor would be giving their "opinions" to a judge. No thanks.
I'm not in a financial position where I'm gonna play "who's to blame" on an $11,000 fine.
If it really came down to it and the case was filed I can all but guarantee the vendor would attempt to pass off liability.
I'm not in a financial position where I'm gonna play "who's to blame" on an $11,000 fine.
If it really came down to it and the case was filed I can all but guarantee the vendor would attempt to pass off liability.
- 3,863
Anyone who thinks the AGENT will not be fined is likely in for a rude awakening.
- 14,809
Well, for all of the agents making residential calls or buying residential leads don't worry about it. Come Sept it's all over anyway.
Hmm, not really, 2 different things.
Robocalls are done in Sept (thankfully).
You can still telemarket, so you still need to be DNC compliant.
Dan
- 14,809
True - but this "live transfer" stuff to residential is over.
