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Automate Lawsuit Filing? The Brave New World of "Anti Robocall Apps

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It’s easier than ever for consumers to file TCPA complaints for unwanted calls – between growing awareness and apps that let them file complaints at the touch of the button, the risk of fines is too big to ignore any longer.

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Automate Lawsuit Filing? The Brave New World of "Anti Robocall Apps

  1. 1. © 2020 2(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com ERIC J TROUTMAN TCPA Czar Partner, Squire Patton Boggs HOST OF UNPRECEDENTED PODCAST Lead Counsel in over 100 nationwide class actions and 1,000 individual TCAPA suits
  2. 2. © 2020 3(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com David Scheckel CEO •For over 25 years, David has been a leader in the financial services industry and fin-tech space. David uses his extensive knowledge of business operations, programming and networks to help Oxford’s clients make their maximum impact in the marketplace. William Scheckel CMO •William has 25+ years' experience in digital marketing, with specific expertise in digital advertising, lead generation, B2B marketing and web development – skills he hones at Oxford as well as in his role as a professor of digital marketing at New York Institute of Technology. Oxford BioChronometrics (www.oxford-biochron.com) is a leader in the fight against digital fraud. Whether it’s protecting and validating impressions, clicks, leads, conversions or purchases, we secure the entire demand gen funnel to protect profits and save companies from litigation.
  3. 3. © 2020 4(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com THE TCPA REMAINS THE BIGGEST LITIGATION CASHCOW IN AMERICAN HISTORY • More multi-million dollar class actions under TCPA than any other statute (40 in 2019 alone!) • $500-$1,500 per call violation. • Private right of action. • Uncapped statutory damages—can be BILLIONS in exposure. • Four year statute of limitations. • Difficult to decipher terms—creates perfect litigation storm requiring a powerful defense.
  4. 4. © 2020 5(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com THE TCPA REMAINS THE CROWN JEWEL OF THE FEDERAL RESPONSE TO ROBOCALL EPIDEMIC • Congress has doubled-down on the TCPA by passing TRACED Act. • TRACED Act promises MORE POWERFUL TCPA enforced by multiple regulators and with CRIMINAL penalties. • There are some positive developments: • ATDS definition slowly becoming more narrow • Major constitutional fight before the Supreme Court • Standing arguments gaining traction • BUT TCPA LITIGATION (PARTICULARLY CLASS LITIGATION) REMAINS DEADLY SERIOUS
  5. 5. © 2020 6(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com PEOPLE WANT FREE MONEY– AND STOP AT NOTHING TO INVENT TCPA SUITS • My team successfully shut down a manufactured lawsuit scam in Stoops vs. Wells Fargo • Lady bought over 80 cell phones to net wrong number calls • Other repeat players have brought hundreds of lawsuits—most lawyers have not effectively used Stoops and courts are weakening its effect • Without a comprehensive strategy, many businesses are sitting ducks, victimized by repeat low dollar demands and manufactured lawsuits.
  6. 6. © 2020 7(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com AND NOW AN APP PROMISING ROBOLAWSUITS… • DONOTPAY.COM • Call blocking apps have long served as referral sources for scumbag (IMO) class action lawyers • Let me tell you about Tillman vs Ally (We shut down that scheme too.) • But this is next level • App uses a phony credit card to get caller details. • Card declines every transaction but the merchant has to provide information. • App generates a demand demand letter and court filing forms. • No lawyers checking validity—claims a “robo lawyer”
  7. 7. © 2020 8(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Copycat Apps Are on the Way Robo Revenge from DoNotPay is the first, not the last of its kind. It began as a parking ticket app. There are hundreds of others. Now they all have the idea to expand. We predict that its main competitor, WinIt, will enter this space soon. What this means to you: Litigation was once targeted at the big guys. Now it’s going to hit everyone, through whatever app is easiest for someone to use.
  8. 8. © 2020 9(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com What can we do to protect yourself from this potentially fraudulent use of the legal system? • Watch for credit card declines– track the numbers and share them • Train agents to watch for “social engineering” scams • Have a strategy for dealing with large litigation volumes • What sort of entity are you? • Pursue sanctions for fraudulent lawsuits • Rule 11 applies to individual litigants and lawyers alike.
  9. 9. © 2020 10(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com It’s More Important Than Ever to Insure Yourself! •Client does not pay for fraudIdentify bot fraud •Saves cost per call AND reduces risk of litigation for no proof of consent Only pass human submissions on to call center •Humans in Zimbabwe can't trick the system and claim they are really in Iowa. Use advanced geotargeting to determine where the form was filled out •In case of a lawsuit, clients can retrieve form submissions as a virtual movie for evidence. Give each form a tracking number before it is saved and stored. 10 Your solutions need to:
  10. 10. © 2020 11(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Be Prepared – Or Be Prepared to Pay Have tools to monitor your lead gen process Weed out fraud first Don’t settle for a solution that relies on matching phone numbers and either IP addresses or physical addresses (again – hacked data) Only call humans you can prove gave consent so you can decrease your cost per lead AND get that lead confirmed in under 1 second.
  11. 11. © 2020 12(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Store Your Evidence If someone complains that you contacted when they didn’t ask, you need evidence – known as “proof of consent” – which is basically a video and metadata. Video evidence looks like this: Oxford’s proof of consent product, SecureLead, digitally signs your evidence so no one can fake it or change it down the road.
  12. 12. © 2020 13(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com And Now, to Fight These New Apps: Make sure your fraud detection solution can offer an autoresponder to fight robo-lawsuits! If they can look you up automatically, you can automatically deliver proof that they asked you to call!
  13. 13. © 2020 14(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Most Important Factor in Fighting Fraud You can think you’re doing right and still get fined for compliance violations! Why? …
  14. 14. © 2020 15(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Real Data Can Be Used by Criminals Because hacked data from • Equifax • CapitalOne • Marriot • and tons of others all have REAL data from REAL people who NEVER asked you to contact them!
  15. 15. © 2020 16(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com How Bots Use Data for Fraud This feeds what we call the flow of fraud. Bots: oTake hacked data and set it to autofill forms Are programmed to look like specific devices and browsers Use a VPN to spoof their location so the IP address is local to their area code.
  16. 16. © 2020 17(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com The Flow of Fraud A data breach where personal data is stolen This happens frequently – for example, the Marriott hack, Equifax, Capital One Click farm/bot net creates online profile and then: It retrieves data with the correct geo-location to click a targeted ad and fill the contact form Click farm/ bot net submits form with stolen data Browser is redirected to landing page with contact form Form submitted, the lead points to the website with the ad. That lets the bad actors earn money 17 When fraud is left unchecked, it flows through the entire lead gen process.
  17. 17. © 2020 18(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com What you Need to Know about CallerID and TCPA Litigation Fraud Prevention Avoiding TCPA Litigator Sharks Re-Assigned Numbers in 2020 Right Party Consent & Verification The Dreaded Scam Likely Label
  18. 18. © 2020 19(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com The Reality of Call Labelling and Call Blocking Efforts to stop robocalls have increased the likelihood caller ID numbers display as Scam Likely or worse yet, Blocked. • Call Deliverability is at all Time Low • App companies are driving bad crowd-sourced data • All types of calls are affected (not just dialers) • Affects nearly every industry • Until recently, no solution for legitimate call tracking. • White Listing and Number Registration • Who do you trust?
  19. 19. © 2020 20(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com TrustCall® is a real-time monitoring and alerts dashboard that provides actionable intelligence to help you address unwanted call labeling and blocking issues. Proactively monitor the trust reputation of your outposted ANI numbers and get email notifications when it could directly impact your call deliverability. KEY FEATURES OF TRUSTCALL® • Maximize call deliverability by identifying the "scam likely" or "spam likely" score of your ANI numbers • Easily manage all your numbers in one place with the TrustCall® management dashboard. • Daily and real-time alerts when the trust reputation of your outposted numbers changes. TrustCall® Stop unwanted caller ID blocking and labeling.
  20. 20. © 2020 21(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Any company that uses an autodialing system or automated text platform is at risk. All it takes is a single call or text to support a TCPA case. This has spawned a multi-million dollar litigation industry with record-breaking judgements. KEY FEATURES OF LITIGATOR SCRUB® • Identify litigators in real-time on both inbound and outbound campaigns with our robust API or one of our many convenient CRM integrations. • Built from the ground up by real industry experts. • Every phone number is matched against a real case file, so you can minimize your risk while maximizing the phone numbers you can keep in your data. Litigator Scrub® The industry’s most reliable and cost-effective defense against serial TCPA litigators and professional plaintiffs.
  21. 21. © 2020 22(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Use Case: Re-assigned number and right party append Reassigned Numbers De-Mystified Safeguard against TCPA violations from risky wrong party contacts Identify wrong numbers. Find new correct ones. repeat. Average Re-assigned Rates Hover around 12-15% Critical for SMS Campaigns Numbers are being recycled at an increased rate, upwards of 200k/day Will soon feature and included FCC nationalized re- assigned database for best of both worlds Available via batch and real-time API
  22. 22. Free Trustcall Caller ID Reputation Check Litigator Scrub See what’s hiding in your data? Reassigned ID What’s your reassigned risk? Ryan Thurman Director of Sales & Marketing 866-362-5478 ext 116 ryan@dnc.com
  23. 23. © 2020 24(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com Leading the Fight Against Fraud David Scheckel CEO Phone: +1 609-331-9126 Email: david.scheckel@oxford-biochron.com Helping You Stay on Top of: • TCPA Compliance • Fraudulent Leads • Improving ROI of Your Campaigns • Ad Fraud www.oxford-biochron.com 24
  24. 24. © 2020 25(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com DON’T GET THE WRONG TROUTMAN! ERIC.TROUTMAN@SQUIREPB.COM

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