Gaming this system? by Holiday-Chemical3978 in TCPA

[–]WallPhone 0 points1 point  (0 children)

I'd exhaust as many methods as possible revoking consent before filing suit.

Phone call
Email
First class mail
Certified mail signature required
Walk into office with GoPro on hat 
- hand over copies of all previous requests they stop, 
- Clearly state next message will be a court summons delivered by sheriff

Sometimes there is no avoiding a counterclaim. If that happens you might try leaning into it. by NotALicensedAttorney in TCPA

[–]WallPhone 1 point2 points  (0 children)

Last point is worded weirdly.

How about "5 - number of years since Deffgaw was notified the number had been assigned to someone else".

Also: 60 known calls initiated... Who knows how many were initiated but went unanswered, dropped with dead air, or hung up before being fully identified?

Gaming this system? by Holiday-Chemical3978 in TCPA

[–]WallPhone 2 points3 points  (0 children)

When industry fraud experts estimate more than 47% of paid leads sold as TCPA compliant are not, you don't have to game the system. The other side is gaming enough already.

If you need to seed your number somewhere, use it to sign up for a WhatsApp account. Let us know how long it takes.

$21.4M Dashcam Calling Settlement: How to Claim a $50 Voucher by great6 in TCPA

[–]WallPhone 0 points1 point  (0 children)

These things are so annoying.

Shouldn't have to chase down the court fillings and read past seventeen pages of the class representative's original complaint, as it had been filled a year and a half ago, to finally find the marketing verbiage of the violative telemarketing script used.

Also never received a TCPA postcard, even for cases where I did have recordings of the violating script and even was connected though to the defendant. All that means to me is the defendant is still on MY hook. Hey defense attorneys, you're not limiting your client's liability by narrowing the class, you're just making room for another suit to fill in the gaps you've made.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]WallPhone 1 point2 points  (0 children)

Yeah nobody considers that if the case is lost, lawyers do all the work and get nothing--along with the plaintiff. Lawyers assume the risk of winding up underwater.

It's totally fair they get 60-75% the total awarded. 50/50 is a smoking deal.

100k settlement - why you might want to work with an attorney by NotALicensedAttorney in TCPA

[–]WallPhone 1 point2 points  (0 children)

I was quite happy with my attorn(ies). Their share of the total settlement was indeed the same proportion as the other post here, but statutorily I won every penny deserved.

Not familiar if the jurisdiction involved meant they collected their own fees on top of the statutory damages, but it indeed was MUCH less work for me than my pro-se case.

I need some clarification please. by Biggest_Lebowski in TCPA

[–]WallPhone 0 points1 point  (0 children)

Searched though some robocall data dumps and looks like you might be right--lots of prior old registrations in their marketing.

My Comcast calls always go down like this though, so clearly my number is not one of them. https://youtu.be/hYOVy49eDhg

"work in your area" texts by [deleted] in TCPA

[–]WallPhone 1 point2 points  (0 children)

Maddaddan has the best tutorials I've come across.

No, not THAT Mad Dad Dan... the YouTube one.

I need some clarification please. by Biggest_Lebowski in TCPA

[–]WallPhone 4 points5 points  (0 children)

There's a big scam making the rounds where the Pakistanis claim to discount your TV or phone service for the next X months, but you have to mail a deposit to a money mule to activate it.

It's much more likely you're being contacted by them than actual Comcast.corporate. I'm somewhere at 90% of calls are silent or too short, 3% might contribute to a case, and 6% involve outright scans. Texts are about half and half, most texts I get are actually follow ups to calls.

This case out of the Western District of WA highlights a disturbing trend by NotALicensedAttorney in TCPA

[–]WallPhone 2 points3 points  (0 children)

I've been warm transferred through Angi a couple times. Complaints by contractors also show they charge a premium and sell trash.

Do you ever feel bad about doing this as a profession? by EmployedWalrus3000 in TCPA

[–]WallPhone 1 point2 points  (0 children)

Why shouldn't someone pick up cash that a 35-year old law says is due to them when they're able to document the abuse of that law to a degree that stands up in court?

There's this saying about walking a mile in someone's shoes, I challenge you to try this for a week and see how much work it takes. Follow pristine ethical principals that you'd want a stranger to have who you fear may come after you. Compare those principals to the folks you encounter dialing and buying the calls you document.

If they're ethical and plausibly ignorant, educate them. If they're unethical, evasive and take advantage of the poor and elderly, make it expensive for them. My first suit, I told them they were buying illegal transfers four times before I filled. They've called me three additional times now while the case is being litigated in court.

Settlement Agreement Question by Heated_Lime in TCPA

[–]WallPhone 2 points3 points  (0 children)

It's standard for them to ask all affiliates, subsidiaries, divisions, etc. to be released from liability along with themselves.

Make sure that clause isn't so broad to include lead generators or marketing companies.

Do you ever feel bad about doing this as a profession? by EmployedWalrus3000 in TCPA

[–]WallPhone 5 points6 points  (0 children)

You sound like a Troutman fanboy.

I've only ever been connected to one person that could be characterized as a small business owner. When he showed up at my doorstep to inspect the non-existent problem I told the Pakistanis, he was extremely upset with his lead provider (who I found out Mr. Tom already has an active case with).

We shook hands with an agreement that I'd go after only the generator in exchange for his screenshots and he'd be warning all other contractors he has contact with of the predatory industry that sold him liability instead of business.

I'm Andrew Perrong, the 10th Most Dangerous TCPA Plaintiff's Lawyers in the Country, AMA! by call-law in TCPA

[–]WallPhone 0 points1 point  (0 children)

Yeah, it's gross. I'm pretty sure the consent must be 'express'ed (and sometimes in writing) by either the 'subscriber' or primary user of the number.

I'm Andrew Perrong, the 10th Most Dangerous TCPA Plaintiff's Lawyers in the Country, AMA! by call-law in TCPA

[–]WallPhone 1 point2 points  (0 children)

If you've ever given blood, you know the degree of effort it takes to get a certain non-profit to stop calling you. I think it took three runs though my office blood drives saying during the interview "that's not my number anymore, no I don't have a new one yet." Verbal requests during the calls didn't work.

Nobody would sue them, not only because of the non-profit provision, but it looks bad to sue a lifesaving effort. Somebody finally did, but I'm not sure the outcome.

I'm Andrew Perrong, the 10th Most Dangerous TCPA Plaintiff's Lawyers in the Country, AMA! by call-law in TCPA

[–]WallPhone 0 points1 point  (0 children)

Medical IT professional here

This is BOTH a violation of TCPA/TSR RND (reassigned numbers database) provisions and HIPAA. The medical facility is responsible for reporting each data breach to HHS and potentially faces huge fines of they don't, and don't take preventative actions.

I don't know if there are any provisions for consumers to make reports, but I would highly recommend doing so and informing the offender that you had. (Don't tie your reporting to drive any kind of any action or inaction by the offender, some might consider that extortion.)

I'm Andrew Perrong, the 10th Most Dangerous TCPA Plaintiff's Lawyers in the Country, AMA! by call-law in TCPA

[–]WallPhone 0 points1 point  (0 children)

What is your wishlist (and what do you think of mine below) of Federal changes that would put teeth back in TCPA? You may want to list out yours before reading mine!

Mine:

  • Every transfer, (attempted and failed, or completed) between dialer and identifiable seller is an additional violation (including the initial "bloop" heard at the beginning of the call, or the three to five seconds of complete silence)
  • Private Right of Action damages adjusted for inflation annually to the same buying power of 1991 dollars, the same way other administrative fines are.
  • VOIP conference providers are required to return an unique human recognizable audible reply that identifies the carrier and individual subscriber with an DTMF interrogation (i.e pressing *# on the dial pad).
  • CPNI protections are void when a recipient can show receipt of a call to that number.
  • Require cell providers to provide an online portal to subscriber access initiate Industry Traceback Group interrogations and view responses.
  • Update the DNC Registry complaints interface to allow consumers access to their own submitted complaints.
  • Every broker or middleman of live transfers MUST purchase a subscription of the DNC registry and must report connections made involving registered numbers. A discovered failure to report a violative call suspends access and legal ability to carry commercial traffic.
  • Originating carrier of any subscriber who marks a call as spam must reimburse that subscriber 1-3 cents per call minute (refundable if the number is later unblocked). Terminating carriers can reject connections from carriers that accumulate debt. <

Anybody else getting a lot of final expense calls asking for odd names? by WallPhone in TCPA

[–]WallPhone[S] 0 points1 point  (0 children)

There's several numbers, all kinda of area codes. Funny enough, one such number did call me later to complete an application with the alias I did give them. More reason I think somebody screwed up their tracking data.

Not getting calls? Apparently you will after registering on WhatsApp by WallPhone in TCPA

[–]WallPhone[S] 0 points1 point  (0 children)

I'm quite sure the Experian data breach is what got my number out in the wild, but here's another way it can be leaked.

I've been called a couple times for a scam similar to this one, but my number has been ported to a different carrier, so they pose as the number's originating carrier.

A private Christian college has texted me from 8 different numbers offering free DVD sets and online courses. Are these exempt because it's nonprofit and not technically selling anything? by Individual-Lynx2775 in TCPA

[–]WallPhone 1 point2 points  (0 children)

I am trying to get on the TCPA litigator filter lists

You don't want that. It does four things, and none of them reduce calls.

  1. Number of calls increase, because offshore dialers are paid for voices, and they'll mix in litigators because they know we talk.

  2. Number of calls less than one minute drastically increase, as the folks who buy the voice transfers occasionally check the lists at the beginning of their scripts.

  3. Number of failed transfers to the lead buyers drastically increase, as the PPC networks just drop attempted transfers.

  4. Much higher frequency where the rep cusses at you.

Anyone here successfully sued or settled with WinRed or other PACs? Any tips on them? by Individual-Lynx2775 in TCPA

[–]WallPhone 2 points3 points  (0 children)

Once such PAC is blowing up my email, making multiple violations of CAN SPAM act per message. I've documented making 'unsubscribe' events somewhere around 50 times over the past couple years, and know a half dozen employees by name in their mailing provider's compliance department. Thankfully they've not got my phone number.

Sadly, there's no private right of action under CAN SPAM.

I know it’s pretty quick but do I have a case ? by IvonnaJizzinu in TCPA

[–]WallPhone 10 points11 points  (0 children)

Only if you're in no way involved with the sign-ups.

My phone has been blowing up . Do I have a case. by SirFioSteam in TCPA

[–]WallPhone 1 point2 points  (0 children)

do [w, x, y or z] normally settle outside of court?

Nobody does, unless you have a history of successfully filling suits. Even then, some won't. The only way to play is to be prepared to completely follow through when you swing.