by WallPhone

[From your host: This is an epic post about something I know absolutely nothing about, except that I received the calls and marketing materials Wall Phone is writing about—JM]

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“Well, not that. Actually, I have been trying to reach you about the Telephone Consumer Protection Act, TCPA for short. If you’re reading this, someone connected to your company, someone who cares about your company, and someone who cares about their career and livelihood, has been told that your company is violating at least one provision of this Federal law.

“If you don’t listen to them, it would be prudent of them to begin looking for another job. They shouldn’t want to go down with your ship. If they need to maintain some kind of licensure, they also don’t want to lose their credentials for whatever wrongdoing was going on that got them in contact with the person who gave them this webpage.“

Have you ever wondered why those auto warranty calls stopped? It’s because the government has fined the people connected to that advertising campaign more than six and a half million dollars. The fine came with a lifetime ban on any form of telemarketing. What would happen to your company if this kind of fine and ban were to be imposed on you?

“But we don’t make outgoing calls, let alone robocalls!”

And yet you have appeared to have done so. What you thought was a prospective customer told you about this page because they want you to stop harassing them.

“But our company is not harassing them!”

And yet you have appeared to be doing so. And worse, much worse, you appear to have been doing this for years.

“Years?”

Yes.

“But we only recently adopted this marketing partner/strategy!”

And you had better stop. Yesterday. Hopefully your contract has some sort of an enforceable indemnification clause that MIGHT protect you, but it probably won’t. If your marketing agreement does have such a clause, its actual purpose is to pacify any possible reservations at the signing stage of your marketing agreement with them, not the actual true purpose of these contractual things–to avoid the creation of moral hazard.

“Moral hazard” is explained below if you’re not familiar with that term. It’s high time you were.

The reason this indemnification clause on your contract won’t help you is the telemarketing company will be gone when the time comes that you’ll need it. They are betting that by the time it takes for you to figure out that you need to use indemnification, it will be too late. This page is here to help you figure it out sooner, help you recover as much as possible, and make their scam less profitable.

You need to—as soon as possible!—FIRST ask your bank how many of the past payments you made to your marketing partner that you can reverse, THEN ask the marketing partner for refunds. If you think you handling this business with them politely will work, then you have already lost. They will transfer all funds out of their accounts. They will disappear. You’ll lose more than if you IMMEDIATELY reverse as many payments as you can, because they’re not operating in good faith and they’re not intending to refund anything.

You are the victim of a scam. Victim of a crime. It’s literally an organized crime syndicate you are dealing with and they hav done this before, perhaps dozens of times before. They’re counting on you being polite and patient so they have time to disappear, whitewash a new business name on their operations, then start over. They don’t care that they destroyed your agency or business, they have thousands of other prospects they can milk this scam on. They have been doing this for years.

“But why do you want to help my company?”

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