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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    Your wrong a professional plaintiff can sue you for anything. You may be right or wrong, doesn't matter. You must respond, which cost $$$
     
  2. CIServices
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    CIServices Member

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    Agreed, so what do you propose then?

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    So if I use ListShack coupled with Dolphin I'm exposing myself to a lawsuit regardless?
     
  3. Josh
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    Josh Well-Known Member

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    There are cell phone numbers included in ListShack so using it with any ATDS does create the exposure, however slim it is. With respect to Dolphin Dialer in particular, it's unlikely that it's considered an ATDS. Because it doesn't automatically call through it and you have to click to dial the next number, that removes the automation:

    ATDS Definition

    As a matter of perspective, how big of a risk is it? As others have pointed out, likely not much, but I think it's worth sharing this information because I think folks should be able to make informed decisions about what they're doing.
     
  4. thomasm
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    thomasm Well-Known Member

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    Technically yes because since October 2013, it's been illegal to auto-dial a cell phone without written permission.

    And there are 5 states where you can't even manually dial a cell phone. These states are: Arizona, Louisiana, New Jersey, Texas, & Wyoming.

    I use the same set up as you, (Dolphin and Listshack)

    I just recently started using a service called DNC QuickCheck. They scrub for DNC and identify cell phones. The biggest thing is it keeps a record of all your scrubs so you can use the data to invoke a safe harbor defense. It also creates your written DNC Policy & Procedures requirement and lets you email it to someone who requests it. Complete third party compliance protection for $50 per month.

    The only drawback is you are limited to scrubbing 100 numbers at a time, and your limited to 10,000 numbers a month, but for the small one person agency, it's a simple solution to becoming 100% TCPA compliant.

    Do-Not-Call Compliance Solutions

    http://thedma.org/resources/compliance-resources/tcpa/telemarketing-safe-harbor-requirements/
     
    Last edited: Nov 7, 2015
  5. David88k
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    David88k Member

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    Can someone help me figure the best way to approach this?


    Starting mid January I'm going to start telemarketing around 4-5 hours a day mon-fri. I am planning on buying a bunch of aged leads from my state, CA. I know some people are using a 3 line dialer like mojo which is not compliant. Is that correct? If so than I wont go that route.

    I think a better approach is using the dolphin 1 line dialer and since its only 1 line than I wont have any issues with compliance since I will be there to answer the call.

    My second question is if my list has cell phone numbers in it and I call those number am I not being compliant? And how will anyone ever know that I am using a power dialer and not my personal cell phone? Assuming I use the same number to call them from?

    Is it only if they are on the DNC list that makes it not compliant or is the fact that I'm calling a on their cell phone?
     
  6. HealthGuy
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    HealthGuy Well-Known Member

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    uummmmm MOJO is compliant come on man
     
  7. thomasm
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    thomasm Well-Known Member

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    If you're calling aged leads within 90 days of a time stamp, you should be okay regarding dnc or cell phone laws. If the're older than that than they need to be scrubbed.

    If you really want to be 100% compliant, the DNC quick check service I mentioned above will scrub your data and identify cell numbers. You can use skype to manually dial the cell numbers. Because of the 100 numbers at a time limit, plan on an extra hour each day just scrubbing data, then plucking out the cell numbers. It's really a hassle to be compliant. I'm looking for a more efficient solution, but for now DNC Quick Check is the cheapest tool I've found that identifies cell numbers.

    I also agree that on one line there's no way there going to be able to prove you're calling from an power dialer, but remember some states won't allow you to manually dial a cell phone either, so cell scrubbing technology is worth having imo.
     
    Last edited: Dec 18, 2015
  8. cb85
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    cb85 Well-Known Member

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    It's good to see some agents know, understand, and comply with the laws. Others just make excuses. Saying I doubt anything will happen if I dial a few hours a day knowingly breaking the law is the same as one going to a convenience store and stealing only one candy bar, morally is it wrong - yes. Is it a huge deal? You can argue no, but do it enough times and you'll get caught.
     
  9. jn8691mr
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    jn8691mr Well-Known Member

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    60-80 for the power dialer, not the predictive dialer
     
  10. John Galt
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    John Galt Well-Known Member

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    Screw it....if you need your lists DNC scrubbed send me a file in excel. I can do it for you in 5 mins.
     

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