Sept FTC Ban on Voice Broadcasting Includes Any Telephone #
- Thread starter myinsurebiz
- Start date
- 919
I believe. My first stimulus check is in the mail. He promised...
Craig Tregillus, (202) 326–2970,
Division of Marketing Practices, Room
286, Bureau of Consumer Protection,
Federal Trade Commission, 600
Pennsylvania Avenue, NW, Washington
I just got off the phone with the above guy from the FTC. None of the "consumer" protection laws apply to B2B.
It is perfectly legal to "robocall" B2B!!!!!!
Division of Marketing Practices, Room
286, Bureau of Consumer Protection,
Federal Trade Commission, 600
Pennsylvania Avenue, NW, Washington
I just got off the phone with the above guy from the FTC. None of the "consumer" protection laws apply to B2B.
It is perfectly legal to "robocall" B2B!!!!!!
- 11,997
That's weird, the FTC doesn't have any jurisdiction over B2B marketing and that's not what they mean by consumers? I think someone was saying something about that earlier. Thanks for verifying that for us!
- 14,808
Noted. That's not the issue per my attorney. The issue is calling a residence that happens to be on the BtoB list, especially if that person is no longer in business and decides to make a federal case out of it.
More serious is a resident number that's on your BtB list where the person never owed a business.
They're going to sue, you're going to blame it on the list vendor and you can all have fun in court arguing who's liable.
More serious is a resident number that's on your BtB list where the person never owed a business.
They're going to sue, you're going to blame it on the list vendor and you can all have fun in court arguing who's liable.
- 15,319
No, they MIGHT sue, but it's as unlikely as Obama admitting he's a socialist.
Going through life worrying about something that has almost no chance of happening is absurd.
It's one thing to know there is a chance you might do something wrong. It's another to not even try.
Sounds a lot like fear of failure. Since there can be a negative response (get yelled at, threatened with being sued, etc), let's not even get started.
I can't go through like being afraid of a one in a million chance. Paranoia is not healthy.
Rick
As much as I respect HEALTHAGENT, I agree with Rick.
I have done quite well with ROBO Calling over the last few months. I plan to continue with B2B campaigns. Worrying about a lawsuit is like worrying that one of my kids might get abducted at the bus stop. It can happen ....... but I cannot go thru life and function as a normal human being if I am constantly worried about it.
I have done quite well with ROBO Calling over the last few months. I plan to continue with B2B campaigns. Worrying about a lawsuit is like worrying that one of my kids might get abducted at the bus stop. It can happen ....... but I cannot go thru life and function as a normal human being if I am constantly worried about it.
- 11,997
With whatever respect is due, you're attorney doesn't seem to understand the situation for what it is. Under your example, the person called has no grounds for suing, this isn't a personal injury case or anything like it. If you catch a guy littering and the fine is $500, you tell the police and they assess the fine, the concerned citizen doesn't get the fine, it goes to the government. It's the exact same thing with the $16k fine on the robocalls.
The worst thing that would happen if you called someone under that scenario is they'd file a complaint with the FTC who will investigate it and look at the details surrounding the situation in a slow and bureaucratic way trying to meet their burden of proof. While they're doing their investigation, whoever had the complaint filed against them will provide the FTC with a copy of the recording that was used, which should be clearly directed towards a business, and that's the end of it. They'd have prove that you telemarketed residential consumers to try to sell them with a prerecorded message. They wouldn't be able to do as long as you used the right script and made a good faith effort to make sure the list was of businesses. Eventually the FTC would just close the file and the whole thing will be a nonevent.
Some agents rely on that method of lead generation to help their business grow. I think it's a little ridiculous to promote the idea that their method of lead generation is dangerous because you want to prove that you understand the situation better than anyone else. I don't understand why you to insist that you're right, when it's clear that neither you nor your attorney have done enough research to be qualified to make such statements. If you paid your attorney his/her hourly rate to do the research and look at codes and case law they'd give you basically the same answer I just did. If you ran a campaign and accidentally called a few residential numbers odds are they wont care and even if they did, it'd never make it to court.
VacantHomeIns
Expert
- 85
Heres an idea - ditch the voice broadcasting for real marketing methods like adwords or offering a quality website to consumers looking for information. Or, ditch the machine & make cold calls.
- 14,808
True. You need to have a pretty big burr up you a** to sue if you're robocalled. I have a feeling lawsuits stem from being called over and over by the same company after many requests have been made to be removed.
I got robocalled this morning, some agency trying to recruit me for the senior market. I could have cared less and in fact if it would have responded if it was something worth looking into.
However, where the fear stems from is not that one person with a burr up their a** who chooses to sue. It's during the discovery process where you need to cough up every number dialed. So it's not just one 16K fine. If they find you violated the law and dialed 10,000 numbers then do the math.
Similar threads
