Salesdialers Not Worth a Flip, Down Again, who else to Use?

Discussion in 'Insurance Cold Calling Forum' started by finalexpenseguru, Nov 2, 2015.

  1. Thad.Sipple
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    Thad.Sipple Well-Known Member

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    Mine.................
     
  2. CIServices
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    CIServices Member

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    If you were to block out 2 hours of your day for cold calls - would you always use your dialer? Are there situations where you would rather just call conventionally?
     
  3. Josh
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    Josh Well-Known Member

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    One GREAT reason to call conventionally is to avoid getting stuck in a TCPA lawsuit. The short version is that if you have a cold calling list you're required by law to scrub cell phones out at least once every 15 days if you're using an "ATDS" which is what most dialers are. Unless you're committing to the time and expense of carving out cell phones, you're risking a $500 per call class action lawsuit.
     
  4. GreenSky
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    GreenSky Well-Known Member

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    Oh boo hoo. A class action lawsuit because ONE guy get's upset about a phone call?

    I'd love to see ANY proof of a single person being involved in a lawsuit. Although I'm sure if a vendor can plant fear in the minds of agents it could be helpful.

    Rick
     
  5. Josh
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    Josh Well-Known Member

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    Feel free to bury your head in the sand about it, but I've seen this happen twice in the last year. In fact, I got a subpoena last week from a law firm handling a suit for this exact reason.
     
  6. djs
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    djs Super Moderator Moderator

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    Josh - did these cases involve single agents? I've seen some big cases were the rules were blatantly flaunted with call centers, but I've never heard of a single agent dialing for a few hours a day on 2 or 3 lines running into serious trouble.

    I'm not even sure how that could ever rise to a class action lawsuit.

    I'm not saying ignore the law, but I don't want to scare anyone needlessly either.

    Dan
     
  7. Todd King
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    Todd King Well-Known Member

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    In order for it to be a class action lawsuit, more than one person would have to file the suit. If one guy gets upset about it then it wouldn't be considered class action.

    Disclaimer: I'm not a lawyer but I don't need a law degree to know what the definition of a class action lawsuit is. Afterall, I did read about it on the internet. :biggrin:
     
  8. Josh
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    Josh Well-Known Member

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    At least one was an individual. With the DNC I've never heard of anything other than a few bucks in small claims court. On the other hand, the law had made it very easy for attorneys to turn the use of dialers into class action cases. An agent calls once a week for a few hours, exposure is probably low; if an agent is burning through 1,000 calls a week (which is very easy to do with a dialer, especially if you're have a dedicated telemarketer do it even part-time) after a few months that's easily 10,000 calls. Unless you're scrubbing the cell phones out somewhere between 1%-3% are going to be cell phones which means 100-300 violations. They won't just be going after it for the calls their customer got, they'll add then all together.

    Does this problem happen a lot? I doubt it, it's important to know the law, even if you decide to ignore it and take the risk.

    ----------

    There is at least one federal court in California that disagrees with you.
     
  9. GreenSky
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    GreenSky Well-Known Member

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    You'd only want to scare people if you could profit from it.

    Rick
     
  10. Todd King
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    Todd King Well-Known Member

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    Can you show that to me or at least point me in the Google direction because I'm just not sure I'm buying that yet.
     

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