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Do you have a lawyer that handles FTC and tcpa

Do you have a...

Do you have a lawyer that handles FTC and tcpa complaints.... So that would mean that they know how to handle cases where people say that you've text them or email them without authorization

Lawyer's Assistant: What state are they in? It matters because laws vary by location.

Well the company that's being accused is us and we are based in California and the person that is saying we texted them is in Florida

Lawyer's Assistant: What steps have they taken so far?

So they have sent us a letter stating that we sent them a text and they also placed a screenshot of the text and cited some case law of how this is in violation of their clients privacy and in violation of tcpa rules and also cause they're client undue stress, harassment, e t c.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Never text it only one time according to our records

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Customer reply replied 3 months ago
READ ATTACHMENT (Ignore first 2 pages-the complaint is on pages 3 and 4 from "M.HIRALDO")I have a limited liability company thats sells products to united States real estate agents. Two days ago we received a written complaint to our email from an attorney representing a client. The complaint basically says that the client received a text from us and there was a screenshot of the text. They are saying this was a TCPA violation because we did not obtain Express written consent to be texting this individual. It also went on to say how their client has been through emotional distress, harassment, etc because of the tax that they received from us.We researched the call and found that we had in fact texted this number (1) time last week ONLY. We started researching where the number came from and how we obtained it. We traced it back to a telephone marketing team that is based in the Philippines who we hired to telemarket for us and make contact with Real Estate Agents to determine if they were interested in learning how to capture leads online. This marketing company in the Philippines then sent us over lead sheets with the names and cell phone numbers of agents who were interested and wanted more information.Well to make a long story short we investigated it and found out that in fact we're not calling the real estate agents and instead were finding these agents phone numbers online and putting them on the sheet that they would send to us because they got paid for every lead that they submitted to us.Well since this Philipines Company is working as agents for us, we do understand that we are ultimately responsible. But It was a mistake and was not done maliciously.My question is do we need to pay this person UP TO $1,500 (thats what we read) for the one text that we made to him? How are these situations typically handled in the real world?
Answered in 1 day by:
4/23/2018
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Customer reply replied 3 months ago
How long will it take do you think?
Hello again,
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Eric Y., Esq.
Category: Legal
Satisfied Customers: 672
Experience: General Counsel at UniversalMed Supply
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Hello, my name is ***** ***** I am an attorney.

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At this very moment you do not have to pay him anything. Currently, he wants to sue Clickfunnels, who is his target, and prove they violated the TCPA. Liability would then allegedly flow down to you pursuant to your terms and agreement with Clickfunnels. As you are aware now,

Consumers who receive telemarketing calls, unsolicited faxes, pre-recorded and/or automated calls to their cell phones or residential landlines, may file a lawsuit against the telemarketer or debt collector for the violation of the TCPA.

A consumer can recover

  • up to $500 for each violation of the Do-Not-Call registry
  • up to $500 per phone call that violates the TCPA, and
  • up to $1,500 per phone call if the consumer can show that the TCPA was violated knowingly and willfully.

From your facts, you are not knowingly and willfully violating the TCPA. It appears your Philippines Agent is committing the harm. However, you are right in that as agent, you are responsible for their conduct on your behalf. You should review your contract with your Agent to see if you have an indemnification clause, similar to the one you have with Clickfunnels. Right now, Clickfunnels is the target, but they are seeking indemnification and defense from you if they are found liable and have to pay the violation. If you were forced to pay Clickfunnels, you could seek indemnification from the Philippines Agent, and they would have to pay you. Now, I do not know if the Philippines Company has any connections with the U.S. such that they could be brought to a Federal Court and be bound to a judgment against them. At this point it is a small amount, relatively speaking. If you wanted to make this go away without making this into a larger ordeal, i.e. potential class action, you might consider either paying the $1500 ourtright or have your attorney try to settle the matter between $500 and $1500 right now since you technically didn't knowingly violate TRCPA.

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I hope this answers your questions. If so, I ask that you please kindly rate my response 3-5 stars. Thank you.

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Customer reply replied 3 months ago
only one of the partners reviewed it. I just read your response. Thats all we need . Thanks
Great. Please rate my response on your end of the server from 3-5 stars. That is how this site pays us. Thank you.
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Customer reply replied 3 months ago
Hi Eric. Thanks for the answer. Well done,However we already received the answer from another attorney here at Just Answer. I have no idea why this is out a 2nd time after it had been answered once.So we will go ahead and pay you and then take this up with "Just Answer"ThanksMike

Thank you. The site will pay me only after you rate the response from 3-5. Thank you again.

Eric Y., Esq.
Category: Legal
Satisfied Customers: 672
Experience: General Counsel at UniversalMed Supply
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