Paid Lead Threatened to Sue Me!

[VolAgent]

Remember, its an aged lead. The agents who worked it as a fresh lead may have used and abused this guy. He just took out his frustration on you. Also, the FCC isn't concerned about the odd call to a DNC number. They want to see a pattern of repeatedly violating the DNC before they'll go after someone.

 

[redkee]

I had used a four line auto-dialer back when we could use them.I used to get at least one message a day that was a threat.The stupid person was recorded-plus I knew where he lived.There is NO Medical treatment cure for stupid!

 

[Josh]

With aged leads at the crackhead cheap prices you can't really expect to get refunds and/or replacements unless it's a really bad batch.

Back to the issue at hand, yes, it is most likely perfectly legal for him to record the conversation (which I doubt he was actually doing). It most likely is admissible in court, but it doesn't appear he has a cause of action. Even if it was a DNC violation, that has nothing to do with him suing you. If you called him several times a day for weeks on end and it caused him emotional distress he ***might*** be able to file a frivolous lawsuit, but that's not what you did AND even at that odds are it wouldn't even get filed.

 

[Insurance-Guy]

Just say sorry and move on...you will more than likely never here from him again. I wouldn't loose any sleep over it.

 

[b61mack]

don't let him take the wind out of your sail....

 

[Pangaea]

With aged leads at the crackhead cheap prices you can't really expect to get refunds and/or replacements unless it's a really bad batch.

Back to the issue at hand, yes, it is most likely perfectly legal for him to record the conversation (which I doubt he was actually doing). It most likely is admissible in court, but it doesn't appear he has a cause of action. Even if it was a DNC violation, that has nothing to do with him suing you. If you called him several times a day for weeks on end and it caused him emotional distress he ***might*** be able to file a frivolous lawsuit, but that's not what you did AND even at that odds are it wouldn't even get filed.

I don't know about being allowed to record someone. I know in the state of Florida you need the expressed verbal consent of both parties while on the phone. Not to mention people can sue for anything they want--don't forget that suing and winning are two different things.

Sounds like a prospect just mouthing off and an agent taking an empty threat too seriously.

 

[Frank Stastny]

"Q&A: The National Do Not Call Registry


38. What happens to my complaint?

Do not call complaints will be entered into the FTC’s Consumer Sentinel system, a secure online database available to more than 1,000 civil and criminal law enforcement agencies. While the FTC does not resolve individual consumer problems, your complaint will help us investigate the company and could (it doesn't say will) lead to law enforcement action.

Who Can Enforce the Rule?

The FTC, the states, and private citizens may bring civil actions in federal district courts to enforce the Rule. State attorneys general or any other officer authorized by the state to bring actions on behalf of its residents may bring actions by the states. Private citizens may bring an action to enforce the Rule if they have suffered $50,000 or more in actual damages.

If state officials or private citizens bring a legal action under the Rule, they must provide written notice of their action to the FTC before filing a complaint, if feasible, or immediately upon filing the action. The notice must include a copy of the complaint and any other pleadings to be filed with the court. Private litigants and state officials should send such notices to: lead to law enforcement action."

Based on the above, I really don't think that the OP has a whole lot to worry about. Nor does anyone else who may "accidentally" make one call to someone who may be on the DNC list.

 

[arnguy]

I think the lead you called is just a "blowhard." Forget about it and move on.

 

[Newby]

I recently found out that even if you gave the other party consent to record YOU, that does not give you consent to record them back.

Try calling an insurance company and say "I know from your announcement you are recording this call, I wanted to let you know that I am also recording it." and see what you get.

 

[Frank Stastny]

I recently found out that even if you gave the other party consent to record YOU, that does not give you consent to record them back.

Try calling an insurance company and say "I know from your announcement you are recording this call, I wanted to let you know that I am also recording it." and see what you get.

It's going to depend on the state's rules and regs. In Missouri I can record every call that I make or when someone calls me and do not need permission from the other person or even let them know the call is being recorded.

The law states that only one person needs to know the call is being recorded. That one person can be the person who is doing the recording.