are many deceptive tactics serial litigators will try to use to precipitate
lawsuits. TCPA was enacted over 28 years ago and does not clearly represent
today’s telemarketing environment. As judges and attorneys interpret these
complex TCPA regulations, it presents opportunities for the serial litigators
to make claims and, in some cases, using deceptive tricks to siphon money out
are some of the dangerous tricks being used:
phone line usage: many litigators will use a single phone line for both
business and personal purposes, hoping that telemarketers will contact them
under the impression that the line is just a business line. The telemarketer
violates TCPA by contacting the personal number without permission, and the
to receive multiple calls before citing a violation: the TCPA fines are based
on number of occurrences. By waiting, the litigators can leverage having been
contacted multiple times and sue for more money. One serial litigator has filed
over 86 TCPA lawsuits this way.
settlements: litigators will push to settle out of court in order to get quick
and easy money from the lawsuit.
calls to a number: litigators may sign up for or consent to receiving messages
on one line then call back on another. This baits the company into contacting
them through phone lines for which the litigator hasn’t given consent, allowing
them to sue.
- Providing bogus personal information at an online registration form, i.e. a loan application, to receive calls or text messages that gives an excuse to a lawsuit.