Notice of Proposed Class Action Settlement

[myinsurebiz]

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?

It's the "automation" part that the FCC hates . . .

 

[myinsurebiz]

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.

No issues there - they opted "in".

What got Ben in trouble was they "manually" loaded the list into the text messaging platform and therefore the receiver didn't "request" to be added nor receive texts.

 

[Chase Urich]

No issues there - they opted "in".

What got Ben in trouble was they "manually" loaded the list into the text messaging platform and therefore the receiver didn't "request" to be added nor receive texts.

For those using or looking to use text messaging services where you are contacting people directly (group chats like GroupMe excluded) by uploading lists make sure to do research on TCPA law. This didn't "get Ben in trouble" as we are a company that's been around since 1986. Imagine what it could do to an up and coming or new agency.

There are small little details that can get you in trouble. One for example: "text messages may only be sent between 8 a.m. and 9 p.m. in the time zone your recipient is in"

Seems like it's not that big of a deal but WHAT IF you have a conference call at 9am CST and you blast a reminder to your agents on the west coast? Violation because your inside of the 8am allowed time frame.

 

[myinsurebiz]

For those using or looking to use text messaging services where you are contacting people directly (group chats like GroupMe excluded) by uploading lists make sure to do research on TCPA law. This didn't "get Ben in trouble" as we are a company that's been around since 1986. Imagine what it could do to an up and coming or new agency.

There are small little details that can get you in trouble. One for example: "text messages may only be sent between 8 a.m. and 9 p.m. in the time zone your recipient is in"

Seems like it's not that big of a deal but WHAT IF you have a conference call at 9am CST and you blast a reminder to your agents on the west coast? Violation because your inside of the 8am allowed time frame.

Seems you guys received poor advice.

You can't "upload" a list and blast it via text.

 

[DayTimer]

This is from the actual complaint, which makes it look as though there were calls made to public consumers, not only contracted agents. Should be a warning for all y'all who spam my phone with these opportunity calls several times a week.

Now, if I could just get the FB recuiters to zip it as well ...



I'd upload the whole complaint but the insurance forum is very strict as to the size of the files uploads allowed.

 

[BibH]

So what about agents calling dm leads were the individual puts their phone # but their on the do not call list ? How about texting a copy of the lead and a message to leads that don't answer the phone ? Rearden recommended that .On net leads it says " best time to call and they put their phone #" . Is that ok to call ? It might be 100% door knocking at some pt .

 

[myinsurebiz]

So what about agents calling dm leads were the individual puts their phone # but their on the do not call list ? How about texting a copy of the lead and a message to leads that don't answer the phone ? Rearden recommended that .On net leads it says " best time to call and they put their phone #" . Is that ok to call ? It might be 100% door knocking at some pt .

You can call for up to 90 days - then you have to scrub against DNC.

 

[HoosierLife]

So what about agents calling dm leads were the individual puts their phone # but their on the do not call list ? How about texting a copy of the lead and a message to leads that don't answer the phone ? Rearden recommended that .On net leads it says " best time to call and they put their phone #" . Is that ok to call ? It might be 100% door knocking at some pt .

Just an FYI, we cover all TCPA opt-ins in our Calendar Leads

Gives you right to call, text, robo-dial or whatever you want to do.

The key is to get them to opt in first that is the same size as the ad copy and directly below the call to action and have an easy way for them to opt out. And then not to contact them again when they opt out.

Didn't know that an iPhone is considered an "auto-dialer." Did they say that in the complaint @bboman23 ?

 

[DayTimer]

All these problems go away if you just put down the phone and knock the damn door.

 

[Newby]

All these problems go away if you just put down the phone and knock the damn door.

Not in Ohio or California.