Lawsuit Resolution: Protecting Small Businesses from TCPA Scams

🔑 Key Takeaways:

• Scam Awareness: Learn how fraudulent TCPA lawsuits target small businesses and telecom providers.
• Defense Strategies: Understand how to challenge baseless lawsuits effectively.
• Compliance Matters: Robotalker’s commitment to 100% FTC/FCC compliance ensures trusted service.

Why Are Small Businesses Targeted by TCPA Lawsuits?

Suing telecom providers and small businesses has become a common tactic for opportunistic law firms and individuals looking to extort money. These lawsuits often involve claims of Telephone Consumer Protection Act (TCPA) violations, where plaintiffs threaten legal action and offer settlements ranging from $5,000 to $10,000 to “make the problem go away.” Unfortunately, paying these settlements often leads to repeat lawsuits, with plaintiffs filing again within months to demand more.

Robotalker.com LLC has faced and defeated five such cases over 14 years, maintaining an impeccable record with no judgments against us in over 16 years of serving the medical HIPAA and small business communities in the USA and Canada.

Examples of Fake TCPA Lawsuits Targeting Small Businesses

Here are some common examples of fraudulent lawsuits used to extort money from small businesses:

• Fake Robocall Complaints: A retired lawyer or individual files a lawsuit claiming they received an unsolicited robocall, even when no evidence exists. They demand a $5,000 settlement, threatening costly litigation if unpaid.
• Mass-Filed TCPA Claims: Law firms send out generic demand letters to hundreds of small businesses, alleging TCPA violations without specifying details. These letters often scare businesses into settling out of fear of legal fees.
• Do-Not-Call List Fraud: A plaintiff falsely claims their number was on the National Do Not Call Registry, despite never registering or having given prior consent to receive calls or texts.
• Fabricated Consent Issues: Scammers claim they never consented to receive communications, even when businesses have documented opt-in records, such as website forms or signed agreements.
• “Missed Call” Extortion: A plaintiff alleges a missed call was an illegal robocall, demanding compensation despite no actual voicemail or message being left.

These tactics exploit the complexity of TCPA regulations, relying on businesses’ fear of legal costs to extract quick settlements.

How to Protect Your Business from TCPA Scams

Small businesses can take proactive steps to avoid falling victim to fraudulent lawsuits:

1. Maintain Compliance: Ensure your robocall and SMS campaigns comply with FTC and FCC regulations. Use platforms like Robotalker that prioritize compliance with TCPA and HIPAA standards.
2. Document Consent: Keep detailed records of opt-in consent, such as timestamps from website forms, text opt-ins, or signed agreements.
3. Challenge Baseless Claims: Don’t immediately settle. Consult with legal counsel to review the legitimacy of the lawsuit. Many claims are withdrawn when challenged, as seen in Robotalker’s five dismissed cases.
4. Use Trusted Platforms: Partner with reputable communication providers like Robotalker, which has a 16-year track record of compliance and no judgments against it.
5. Educate Your Team: Train your staff on TCPA regulations and how to spot scam demand letters to avoid unnecessary payouts.

⚠️ Important: Stay Compliant to Avoid Legitimate Lawsuits

While many TCPA lawsuits are frivolous, legitimate violations can result in significant penalties. Ensure your business follows these best practices:

• Obtain explicit consent before sending robocalls or SMS messages.
• Honor the National Do Not Call Registry and maintain an internal do-not-call list.
• Use clear opt-out mechanisms in all communications.
• Partner with compliant platforms like Robotalker for robocalls and SMS.

For enterprise needs, explore Robotalker’s automated call center platform for secure, compliant communication solutions.

Robotalker’s Commitment to Compliance

At Robotalker.com LLC, we pride ourselves on 100% FTC/FCC compliance, serving the medical HIPAA and small business communities for over 16 years without a single judgment against us. Our platform offers:

• ✔️ Secure and compliant robocall delivery
• ✔️ HIPAA-compliant messaging for healthcare providers
• ✔️ Detailed analytics for campaign performance

Learn More →

FAQ: Protecting Your Business from TCPA Lawsuits

How can I tell if a TCPA lawsuit is legitimate?

Legitimate lawsuits typically provide specific evidence, such as call logs or message details. Scam lawsuits often use vague language, lack evidence, or demand quick settlements. Consult legal counsel to verify claims.

What should I do if I receive a TCPA demand letter?

Don’t pay immediately. Review the claim with a lawyer, verify your compliance records, and challenge baseless claims. Many lawsuits are withdrawn when confronted, as seen with Robotalker’s five dismissed cases.

How can Robotalker help my business stay compliant?

Robotalker’s platform ensures compliance with FTC, FCC, and HIPAA regulations, offering secure robocall and SMS solutions with built-in consent management and analytics.