Notice of Proposed Class Action Settlement

[Newby]

No issue at all with that Scott because you're emailing. TCPA laws cover text and phone calls only. You're good to go with what you're doing.

Sometimes it pays to be of limited technology. I only know how to annoy one person at a time.

 

[Thedude]

Ouch. $900k. That hurts regardless of the money you bring in.

Sounds like you used the wrong lawyer!

 

[kuhn123]

This is ridiculous! Defies all logic to think that you can't communicate with people you have an existing business relationship with, in any manner that you choose.

Was the agent that pursued the "violation" currently contracted, or had just been with EFES in the past?

 

[DayTimer]

This is ridiculous! Defies all logic to think that you can't communicate with people you have an existing business relationship with, in any manner that you choose.

I agree.

 

[bboman23]

This is ridiculous! Defies all logic to think that you can't communicate with people you have an existing business relationship with, in any manner that you choose.

Was the agent that pursued the "violation" currently contracted, or had just been with EFES in the past?

Was currently contracted...

 

[goillini52]

Was currently contracted...

Did you give him a release?

 

[DayTimer]

Anyone have a copy of the original complaint?

 

[Newby]

We didn't lose the recruiting call part. It was the text messaging. We had a list of ALL agents that have been contracted with EFES even though we did not send the message to all of them. If they were in the list, they were part of this thing.

So you load a list of ALL of your leads into an auto text system. Then you decide to only send the text to these 300 or so clients. If you got busted, ALL of them would be included.

Make sense?

What if you have a group text like Group Me where the agent's have to proactively join it to receive the group texts? I can't imagine they would fine us over that. The agents don't get the group texts unless they want to be part of the group and they have control if they want to drop out.

I would think that's safe. But of course, I'm no lawyer. If your pockets look deep enough maybe they could find fault with that too.

 

[bboman23]

What if you have a group text like Group Me where the agent's have to proactively join it to receive the group texts? I can't imagine they would fine us over that. The agents don't get the group texts unless they want to be part of the group and they have control if they want to drop out.

I would think that's safe. But of course, I'm no lawyer. If your pockets look deep enough maybe they could find fault with that too.

Don't think GroupMe could be a problem. They have to request access to join through you correct? That is them "opting in".

 

[myinsurebiz]

We didn't lose the recruiting call part. It was the text messaging. We had a list of ALL agents that have been contracted with EFES even though we did not send the message to all of them. If they were in the list, they were part of this thing.

So you load a list of ALL of your leads into an auto text system. Then you decide to only send the text to these 300 or so clients. If you got busted, ALL of them would be included.

Make sense?

The way to do it is have the receiver double opt in and provide a way to #STOP.

So - using Lime or whatever - send a text to the receiving party with the option of REPLY with YES to join our list and receive communication -or- NO to be removed.

If they reply with YES - they then receive a 2nd text that they also have to reply with YES.

But, every future text has to have a #STOP or a way to unsubscribe.

Sorry y'all going thru this Ben.