Should your lead source pay for your TCPA violations?

  • Yes. It’s their fault.

  • No. The agent should have done their due diligence.


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From my experience, most of the time the agent won't have to come up with any money, because they usually let the "client" know that they are dead broke, even if they aren't. Then they'll come after the IMO (or whatever source the lead was bought from). At that time, the IMO can go back to the vendor and try to recoup.
Our vendor knows very well they should be scrubbing. Nonetheless, some still go through. We just deduct that much from the amount we have to pay them. Easy as that as long as you make agreements with the vendor beforehand.
How many agents do you know that have been actually fined for simply calling someone that's on the dnc list?
 
Notice how his left arm is fully extended. His left hand curved into a gentle fist. Allowing his knuckles to wrap ever so gently.

You trained him well @DayTimer

Actually I had to fire that one. What you can't see in the picture is he wasn't wearing a stich of clothes below his waist. Not that that was a problem. The problem was the ring doorbell footage and the police.
 
The ambiguous laws around TCPA (even your cellphone is technically an ADTS) is making me consider removing all carrier logos from my website. I'm more likely to be sued for "autodialing" because a litigator can see I'm affiliated with big carriers with some deep pockets. When my pockets are pretty shallow. If my pockets were deep, I wouldn't be sitting here cold calling you on a Sunday afternoon!

Is Cold Calling Legal? B2B And B2C Cold Calling Laws


Klenty
https://www.klenty.com › Home › Cold Calling



Nov 17, 2023 — You can only make cold calls between 8am and 8pm on weekdays. The law prohibits any telemarketing calls on weekends and public holidays.
 
It seems the best way to steer clear of violations is via direct mail. It tends to be a more expensive option than cold calling and digital leads but it is the safest option from what I have seen (especially with regards to compliance)
 
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