by Structured Settlement Watchdog
One or more unnamed structured settlement factoring companies are targeting United States consumers using an Egyptian company in an apparent effort to skirt US telemarketing laws.
Despite sporting telephone numbers from area codes Phoenix Arizona and Dallas Texas on its website, the Egyptian company, Proper Business Solutions is located in Cairo, with two offices there with 100 telemarketers and about to open a third. When asked directly about the TCPA this morning, the Proper Business Solution representative I spoke with, who claimed to be an American, claimed that because they have no presence in the United States they are not subject to its laws. The Proper Business Solutions rep confirmed that it is working with a structured settlement factoring company now. with approximately 40,000 pieces of data.
What is the TCPA?
The TCPA (Telephone Consumer Protection Act) is a federal statute designed to safeguard consumer privacy by restricting telemarketing communications, such as the use of automated telephone equipment. The Telephone Consumer Protection Act of 1991 was passed by the United States Congress in 1991 and signed into law by the late President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. 227.
What are the TCPA’s restrictions on telemarketing and advertisements under FCC rules?
- Any residential telephone subscriber before the hour of 8 a.m. or after 9 p.m. (called party's local time)
- A residential telephone number on the national do-not-call registry
- The FCC rules that govern the delivery methods telemarketing and advertisements. Telemarketing means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.
Commencing October 16, 2013, prior express written consent was required for all autodialed calls, pre-recorded calls or texts sent or made to a wireless number and pre-recorded calls made to wired numbers for advertising or telemarketing purposes. The prior business relationship exemption was eliminated.
What is Xen Call?
XenCALL is an all-in-one CRM and VoIP platform, fully browser-based with no downloads required. Enhanced by one-on-one, personalized training and in-house technical support, the XenCALL predictive dialer CRM delivers a rich feature list to help outbound sales teams, telemarketers and appointment setters optimize their efficiency and productivity. For more information, visit www.xencall.com
There is precedent for suits against structured settlement factoring companies for alleged violations of the TCPA. Kevin Buja v Novation Funding et al. Southern District of FL (9:15-cv-81002). In the Buja case the matter was resolved by settlement with undisclosed terms.
Nothing is shocking in the unregulated morass that is the structured settlement secondary market. Perhaps on this news, the FCC and state telecommunications regulators may want to tag along on the next IRS audit of buyers of structured settlement payment rights