Your number one resource for making money from robocalls
|Potential Argument||How to combat it (move mouse over to see)|
|"It wasn't us that called you... It was a marketing company"||
With this excuse, the odds of successfully sueing are low. But, because of the expense of defending in court is large, TCPA violators will often offer a settlement anyway. You could also ask for information on the marketing company and it will usually be given to you. With that information, you could pursue a settlement directly from the marketing company.
|"We didn't call you that many times"||
With extensive research and notes taken from the call, as well as a call log, this argument already will fall. However, it is also effective to let them know that, because of the 4 year statute of limitations on the TCPA as well as the 5 year statute of limitations on the TSR, you could use the discovery process of suing to ask for 4 to 5 years of their call history.
|"It was a 'business to business' call, so it doesn't count"||
While this use to be a solid defense, in 2016 the FTC updated the rules to exclude the exemption for business to business calls. The best bet is to inform them of this and continue to persue a settlement.
|"You opted in"||
The burden of proof falls on the company, not you, so they should be able to provide an IP address of you if you opted in. Be sure to ask for the opt-in information. If they forge this information, which is probable, be sure you have recorded your IP address so you can recognize if the IP address provided was forged. Also, proof of having your number on the National Do Not Call Registry can also prove helpful. To see if you are already registered, you can go to donotcall.gov.
Remember, having your number on the National Do Not Call Registry can result in an additional $500 charge against the company