Paid Lead Threatened to Sue Me!

[ins.dave]

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.

Ask him for a kiss?

 

[VaDwayne]

It is not illegal; it is inadmissable in a court of law. Big difference.

To the OP you have nothing to worry about. Happy Advising!

No offense to you sir/mam, but I don't freakin care if it's illegal, inadmissable, unethical, ethical, free, expensive, clear, lot's of static, whatever, I just don't freakin care.

Thanks for the advice.....

 

[Josh]

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.

Depends on the state. Most states are one party consent which means only one side needs to know.

When people are suing, they need to have at least some cause of action they are claiming happened. I can't sue you because you wear green shoes. I can however sue you if I told you I don't like green shoes and that it will cause me too much anxiety if you wear them around me and then you do it. Odds are that wouldn't even make it to court and it would get thrown out before then, but you have to have at least some belief based on a cause of action in order to sue someone.

 

[Norwayguy]

Depends on the state. Most states are one party consent which means only one side needs to know.

When people are suing, they need to have at least some cause of action they are claiming happened. I can't sue you because you wear green shoes. I can however sue you if I told you I don't like green shoes and that it will cause me too much anxiety if you wear them around me and then you do it. Odds are that wouldn't even make it to court and it would get thrown out before then, but you have to have at least some belief based on a cause of action in order to sue someone.

What does this do to you?

 

[VolAgent]

What does this do to you?

You have interesting choices in bathroom reading material...

 

[PrivateEquity]

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.

The person doing the recording must notify the person that they are recording at the beginning of the call for it to be admissable in any competent jurisdiction in the US.

Get your facts straight before you post!
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No offense to you sir/mam, but I don't freakin care if it's illegal, inadmissable, unethical, ethical, free, expensive, clear, lot's of static, whatever, I just don't freakin care.

Thanks for the advice.....

You are very welcome
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Depends on the state. Most states are one party consent which means only one side needs to know.

When people are suing, they need to have at least some cause of action they are claiming happened. I can't sue you because you wear green shoes. I can however sue you if I told you I don't like green shoes and that it will cause me too much anxiety if you wear them around me and then you do it. Odds are that wouldn't even make it to court and it would get thrown out before then, but you have to have at least some belief based on a cause of action in order to sue someone.

Really????? Where did you go to law school?

 

[Josh]

The person doing the recording must notify the person that they are recording at the beginning of the call for it to be admissable in any competent jurisdiction in the US.

Unless it's a one-party consent state, which many states are.

 

[ql96a]

I have heard people use phone card to cold call. Some dialers like Callfire can mask you caller id.

 

[Clint]

Way to boost up your posts there, ql96a. Bears. Ditka, etc. etc.

 

[carroll]

I get those...just say you are sorry and will take them off the list....I've also made a copy of the lead they sent in so they can see they actually did send it in.

And sometimes if they are raising hell with me on the phone i will ask "when would be a good time for me to come over"...just to really set em off! Sorry, when you are cold calling you have to have a little fun once in awhile.