All Forum Posts by: Michael T.

@Lauren Sinz

It makes no difference where you get the number from, if they haven't provided written consent to you specifically, you could be in for a big headache. There's tons of caselaw on the topic. If you want me to go into further detail, I'd be glad to do so either on here, via PM, or even just call me. Of course, the one thing that I failed to address was the text question but that is applicable under TCPA as well.

@Mike Moles

Podcasts can make such good use of travel time. This site is certainly full of people willing and able to help in all different aspects. Welcome!

@Taylor Larkin

Indeed, BP is a great resource. I wish you nothing but success!!

@Tom Reynolds

Welcome and I wish you great success!

@Andre Ross

There are so many advantages to using LLC's for asset protection that it basically becomes a no-brainer.

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 understanding all the potential pitfalls?

@Tyler Walton

I wish you great success! Welcome to the forum.

I just wanted to say thank you for the great response for our upcoming free webinar on asset protection and how to avoid lawsuits. Originally, we limited attendance to 150 BP members, but due to high interest, we have made arrangements to double the spots open because we want to make this available to as many BPers as possible.

If you haven't signed up yet, check out http://bphwebinar.subscribemenow.com. The webinar will be on 6/17 at 1:00 p.m. CST with replay on 6/18 and 6/19.

@Sharad M.

If you own some free and clear or even have significant equity, you need to really look at the use of proper equity stripping techniques as well.

We're having a free webinar on June 17th at 1:00 CST that will address commonly overlooked liability exposure as well as how to protect yourself and your assets from lawsuits. Limited to 150 attendees. Details at http://bphwebinar.subscribemenow.com