TCPA Litigators Are After Blood & Know Where to Look

TCPA Litigators Are After Blood & Know Where to Look

If you’ve been reading our other blogs on TCPA litigators, you know some of the tricks they use to trap businesses, what they consider when deciding who to sue and what the law says about TCPA cases. But, how do you know if you are a target? TCPA litigators are like sharks. They know how to smell blood in the water and once they do, they’ll hunt you down until you pay up or fight.

They key is not to become a target.

Blood in the Water

Litigators are smart. They pick and choose their cases based on what they can win, either in court or through a forced settlement. If they don’t smell the blood, they are likely to swim away and find a new target.

So, what is blood in the water to a TCPA litigator?

#1 You’ve already been sued for TCPA violations

If you’ve been sued once, you’ll be sued again. This is your gushing wound that will attract litigators from throughout the country. Once you have been sued and lose in court or settle, you need to be very diligent because they will come back for more.

#2 You’re in a confusing industry

Not everyone knows that they need to follow TCPA regulations. Politicians, for example, typically think they are exempt. However, a recent lawsuit found a software provider liable for violations made by politicians using their service. Litigators know how to take industries that are typically not concerned with the TCPA and make them pay for this ambiguity and their lack of attention.

#3 They know you have money

Companies with deep pockets are a strong target for any type of lawsuit – including TCPA ones. The belief is that these companies will be likely to ask for a quick settlement to avoid going to court. That’s fast money for TCPA lawyers.

#4 Your business is designed to call people on multiple numbers

Some businesses have to call people all the time to stay viable, like debt collection agencies or travel companies. Your very industry could make you vulnerable to attack. If you’re industry is known for calling people – you have to be careful.

#5 Your opt-in language isn’t detailed enough

Did you know that you can be sued if your opt-in language isn’t specific enough to include all the ways that a person can be contacted by your company? For example, your language may give consent for a text. If you then call them, you could be in violation. Have a lawyer look at your language to make sure your safe.

How Not to Bleed

So, you know what makes the shark smell blood in the water, now how do you avoid bleeding so the TCPA litigators don’t track you down?

First, only use leads that have been scrubbed against the DNC list. When you order them from they come scrubbed. Second, have your own lawyer review your policies to make sure your protected. Third, don’t assume that you are safe. Instead, learn the law, practice the law and scrub, scrub, scrub your leads!

Order scrubbed leads today by emailing John Fischer at