SAN Required if Hiring Filipinos?

[VolAgent]

Really? I thought the only way to be reported is via a complaint to the feds - who will then do nothing unless there are a bunch of complaints.

Please explain how "people will go after you."

Rick

I know of two people on this forum who were sued or about to be sued for robo calls. One case, the person just paid up. It wasn't him, but an agent who used the agency name without permission. The settlement was less than even hiring a lawyer was going to be, much less actually fighting it. Basically the person who was called just waits for these type of calls and then goes after them in court. Apparently you can personally sue for the calls.

On the second, I do not know if it has been resolved yet.

I will leave out names as I was not directly involved in either one, so it isn't my place to name names.

 

[GreenSky]

I know of two people on this forum who were sued or about to be sued for robo calls. One case, the person just paid up. It wasn't him, but an agent who used the agency name without permission. The settlement was less than even hiring a lawyer was going to be, much less actually fighting it. Basically the person who was called just waits for these type of calls and then goes after them in court. Apparently you can personally sue for the calls.

On the second, I do not know if it has been resolved yet.

I will leave out names as I was not directly involved in either one, so it isn't my place to name names.

I wasn't questioning robocalls. I was questioning calling people on the DNC list.

Not suggesting this should be done. Only questioning your dire prediction.

There's already one person suggesting the death penalty for this. One is enough.

Rick

 

[Thad.Sipple]

I know of two people on this forum who were sued or about to be sued for robo calls. One case, the person just paid up. It wasn't him, but an agent who used the agency name without permission. The settlement was less than even hiring a lawyer was going to be, much less actually fighting it. Basically the person who was called just waits for these type of calls and then goes after them in court. Apparently you can personally sue for the calls.

On the second, I do not know if it has been resolved yet.

I will leave out names as I was not directly involved in either one, so it isn't my place to name names.

All parties who benefit* from the "illegal" call can be sued. The problem is the professional plaintiffs can sue for anything and make anything up they want to get the lawsuit approved by the courts. Once approved then you have too pony up $$$$ for attorneys and then settle. Hopefully they take your to small claims court that is cheaper and easier. Sadly you are guilty until your prove yourself innocent. Civil suits are NOT like criminal suits.

Even if your call is 100000% legal if you happen to call one of these professional plaintiffs and they dislike the sound of your voice you lose, they can say whatever they want and YOU have to prove your innocent (that costs money)

Take if from me I have been/being sued and my calls are recorded and compliant and all the professional plaintiff had to do was lie on the documents to get it approved thru the courts and BAMM. Funny part is the call is recorded which proves my case, but it don't work that way.


*benefit includes receives an override.

 

[VolAgent]

I wasn't questioning robocalls. I was questioning calling people on the DNC list.

Not suggesting this should be done. Only questioning your dire prediction.

There's already one person suggesting the death penalty for this. One is enough.

Rick

I never said death penalty. And those two I know of are probably a fluke.

I know you follow Frank's advice, and while illegal, I believe Frank was right.

The odds of a single agent ever getting enough complaints for the FTC/FCC to care is near nil. Unless the agent was a jerk on the phone, the odds of someone ever suing or threatening to sue is nil.

But, you put a call center on the phone, and things start to change. You are going to have a lot more dials being done by people who don't care if they cause a complaint or not for you. Having a call center cold call versus an individual is much more risky.

 

[GreenSky]

I never said death penalty. And those two I know of are probably a fluke.

I know you follow Frank's advice, and while illegal, I believe Frank was right.

The odds of a single agent ever getting enough complaints for the FTC/FCC to care is near nil. Unless the agent was a jerk on the phone, the odds of someone ever suing or threatening to sue is nil.

But, you put a call center on the phone, and things start to change. You are going to have a lot more dials being done by people who don't care if they cause a complaint or not for you. Having a call center cold call versus an individual is much more risky.

The question was if a SAN was required for outsourcing LIVE calls, not robocalls. You gave a doom and gloom prediction for something not even questioned.

There is already someone on the forum that puts the fear of god into people making calls. We don't need two.

Rick

 

[finalexpenseguru]

Are you saying you had to pay the liar even with the recorded call?

All parties who benefit* from the "illegal" call can be sued. The problem is the professional plaintiffs can sue for anything and make anything up they want to get the lawsuit approved by the courts. Once approved then you have too pony up $$$$ for attorneys and then settle. Hopefully they take your to small claims court that is cheaper and easier. Sadly you are guilty until your prove yourself innocent. Civil suits are NOT like criminal suits.

Even if your call is 100000% legal if you happen to call one of these professional plaintiffs and they dislike the sound of your voice you lose, they can say whatever they want and YOU have to prove your innocent (that costs money)

Take if from me I have been/being sued and my calls are recorded and compliant and all the professional plaintiff had to do was lie on the documents to get it approved thru the courts and BAMM. Funny part is the call is recorded which proves my case, but it don't work that way.


*benefit includes receives an override.

 

[Thad.Sipple]

If it was small claims court then it would depend on my time, and effort, meaning I would have to fly to "said" state where claim is filed, etc etc, small claims cases the person will usually settle for a couple grand.

Now big boy court is a different story altogether, I have to pay the attorneys just to respond to the allegations and then pay to go to discovery and then pay to try and get dismissed and so on. Luckily for me I am not footing the bill the Insurance Company I represented at the time is paying the bill. The retainer fee alone was 15K and if you don't respond you lose. Meaning if I or someone didn't pay the retainer fee then no response would have been made.

 

[VolAgent]

The question was if a SAN was required for outsourcing LIVE calls, not robocalls. You gave a doom and gloom prediction for something not even questioned.

There is already someone on the forum that puts the fear of god into people making calls. We don't need two.

Rick

5 area codes are free. $60 per area code after that up to a maximum of $16,482.

Why not get it and be done with it, versus exposing yourself to a rare but much larger liability?

 

[goillini52]

5 area codes are free. $60 per area code after that up to a maximum of $16,482.

Why not get it and be done with it, versus exposing yourself to a rare but much larger liability?

Some are compliant when it suits them.

 

[GreenSky]

Yet another attack but apparently one person is allowed to do that if my name isn't included.

I never said NOT to get a SAN. I just pointed out that the penalty would come from the government, not an individual lawsuit. If you are buying the end result (leads) from a company I don't see how the agent could be liable. But that's simply an opinion which means as much as anyone else's opinion. And I could certainly be incorrect. Won't be the first time.

If you choose to call and not be compliant it's the agent that will be in trouble. Several months ago I correctly identified someone selling robocalls. These are indeed illegal and an agent buying them could be held liable. My objection was that the vendor was promoting them as legal and could be taking down others along with himself.

Fortunately he agreed with me and admitted it. In an hour he was up and running with compliant leads. Record time to change an entire way of doing things!

Individuals can do what they want as long as they aren't harming others in their "wake."

Rick