TCPA Auto-Dialer Compliance Solutions from MindWav, LLC Powered by StumpTheMonkey Technology
 
TCPAScore.com
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World Class TCPA Auto-Dialer Compliance Solutions

Yes, We work with Members of ACA, ARM, ACCA, NARCA, DCAA, NACM and Many Others!

 
The Problem
Risks/Legal
The Solution
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Company
   
   

" Real-Time Lookups are the ONLY WAY we can comply with the latest TCPA Rulings to ensure that we are auto-dialing the correct number.  One of our partner companies was recently sued due to this exact reason.   You are the only company that provides REAL-TIME reverse phone lookups with Name Matching for 99.9% accuracy so we can be absolutely sure of who we are calling. We are compliant again!"

HCP Recovery,
Dallas, TX



TCPA lawsuits are on the Rise!  Protect your Business Now!

Read the Legal Opinion Here

 Do you Auto-Dial?
On May 11, 2012 Judge EASTERBROOK presiding over Soppet v. Enhanced Recovery, LLC AFFIRMED:

Case Facts:

  • Customer incurs debt but has provided "Prior Express Consent" for Cell Phone contact.

  • Creditor hires Bill Collector to dun Customer for the money

  • Bill Collector uses a machine (Auto-Dialer, Robo-Dialer, ATSD) to repeatedly (29 times) call the Cell Number

  • But, Customer no longer subscribes to Cell Number which has been reassigned to Bystander

  • Bystander is out of pocket the cost of the airtime minutes for long voicemails

  • Bystander files suit against Creditor for statutory damages of $500.00 per call or $1,500 per call if calls were made intentionally

Q:  Is it OK for the Creditor to make the Calls to the Cell Phone thinking they were reaching the Customer?

 

A:  NO - Judge EASTERBROOK AFFIRMS that "Called Party" is the actual person being called; not the "Intended Recipient" of the call.

  • Suit attains "Class Action" status

  • Case ongoing

Judge EASTERBROOK Rules that Creditors using Auto-Dialers utilize a Reverse Phone Lookup to verify the "Called Party" prior to auto-dialing!

 

"  We [judges EASTERBROOK, FLAUM, and WOOD] conclude that 'called party' in 227(b)(1) means the person subscribing to the called number at the time the call is made [not the "intended party"]. The district court's decision is AFFIRMED.  " ...

 

... "Use a reverse lookup to identify the current subscriber to Cell Number." ...

 

Recent and Current Court Cases
Auto-Dialers and TCPA / FDCPA / FCRA Compliance - AN INDUSTRY HURDLE! - What can be done?

Defendant

Settlement
Year

Basic Case Info

AutoDialer
 Used?

Fund
Amount

Citibank 2012 Violations of TCPA to Cell Phones Yes $5 Million
Twitter 2012-2013 Violations of TCPA by Text Messages Yes Ongoing
Google 2012-2013 Violations of TCPA by Text Messages Yes Ongoing
Alliance One 2011 Violations of TCPA to Cell Phones Yes $9 Million
Sallie Mae 2011 Violations of TCPA to Cell Phones Yes $24.15 Million
JP Morgan Chase 2012 Violations of TCPA to Cell Phones Yes $9 Million
Alliant Law Group 2011 Violations of TCPA to Cell Phones Yes $1 Million
Global Credit And Collection Corp. 2012 Violations of TCPA to Cell Phones Yes $550,000
Red Bull 2012 Violations of TCPA by Text Messages

Yes

Ongoing

Lead Click Media and B2Mobile 2011 Violations of TCPA to Cell Phones Yes Ongoing
Key-Art Publishing Corporation 2010 TCPA Violations of sending Junk Faxes

Yes

$237,600
Payless Shoes 2010 Unsolicited Text Messages Yes Ongoing

 

See the FULL List Here....

 

SMS Texts are NOT EXEMPT
SMS Texts to Cell Phones have the same exposure as Auto-Dialed Phone Calls.

SMS Texts are considered a "Call" as per the TCPA.  Any company using SMS Texts MUST verify that the party they are contacting is indeed the correct person (the number has not been reassigned) and that they have provided Prior Express Consent before contact is made.  Use our Reverse Phone Lookup service to validate your SMS Text Recipients prior to making contact.

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