All Forum Posts by: Michael T.

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@Kenneth E.

It makes no difference if it's a cold call or a call where you've previously spoken with the person. The TCPA is clear that you have to have written consent. There are tons of TCPA cases against companies calling people that they already have an established business relationship with but are still liable for the violations for prerecorded messages or calls to cells.

Thanks Timothy! I'm here whenever you want to chat.

As far as the suggestion of the secured loan goes, it's one way to start but will only give you a single account on your report. You can duplicate the process to get more tradelines listed. Also, don't overlook the obvious of getting cards from retailers that will certainly give you small lines of credit that you can use to build your score too.

Piercing the corporate veil isn't limited to comingling of funds or other frauds but liability of a corporate officer can be proper under many different theories, ratification of the act in question being one possibility.

From a legal standpoint, the suggestion is a nightmare for multiple reasons! From real estate investors to other small businesses, I talk to people daily who have no idea about the potential liability under the Telephone Consumer Protection Act ("TCPA")(47 U.S.C. 227 et seq.).

There are two initial issues that can create huge problems with your suggestion. First, the use of the prerecorded message which would violate 47 U.S.C. 227(b)(1)(A) for the prerecorded voice to a cell number. Second, beginning in October of last year, the TCPA was expanded to require express written consent for all autodialed calls to cell phones. So, you could be looking at $1,500 per violation, plus you have 2 violations in 1 call. So, $3,000 per call multiplied by the total number of calls you have the company place.

Furthermore, while most real estate investors don't realize that their calls can be considered "telemarketing" under the TCPA because they think of a telemarketer in a common sense approach versus the legal definition, there would probably be other violations under 47 C.F.R. 64.1200(d) which could add another violation to the mix. For instance, how many people in real estate that talk to people on the phone have a written do-not-call policy? I haven't come across too many but it's required along with many other requirements.

Lastly, there is a long list of cases that state because the TCPA is penal rather than remedial, your insurance company doesn't have to cover any awards and there is no cap on damages in a class action suit. So, why risk everything without knowing all the potential pitfalls?

IMHO, if you already know where the guy works, file suit. Small claims is inexpensive no matter where you are. You know where he works so have him served there. You'll likely just end up with a default judgment anyway and because you already have his place of employment, you can then start having his wages garnished. Also look to seize any monies in any bank account too if he gave you bank reference or paid by check.

While the actual liability may be one issue, the other thing that I didn't see addressed was the potential of costs associated with paying the plaintiff's attorney fees if they have any type of claim that there is a fee shifting provision under an applicable statute. Insurance is great but always has its limitations and insurance companies are in the business of selling insurance, not paying claims. So, often times it becomes a matter of delay, deny and defend from their standpoint.

You could also look at the use of trusts as well.