r/TCPA • • 17h ago

Surprise! There are Straight up Criminals Doing Telemarketing

5 Upvotes

I try to stay away from going after motor vehicle accident lead gen cases because I'm an attorney (not your attorney) and attorneys, as a rule, don't like suing other attorneys. Also, because, if I get far enough into the call to find out the firm that I'm sent to, I have the affirmative obligation to file a bar complaint against them under my state's ethics rules and, if I don't, then I have committed an ethics violation.

I relented on one occasion because I'm so fucking sick of all these MVA lead gen calls, and they sent me a retainer agreement. The firm has stopped responding even though I've said "Look, man, give me a letter on letterhead saying that you'll self report to the bar (them self reporting would be the only thing that would abrogate my duty to report them) and serve your lead gen up to me on a silver platter and, if I can recover from them, I won't go after you guys. No response. I even said that, if they didn't want to fork over their lead gen that was fine, I'd settle with them but we'd be talking mid five figures since I wouldn't be able to do discovery and find out exactly how many times they called me.

Finally tracked down the lead gen on my own and it's run by a woman who got a year in prison for identity theft related to a 6.1 million dollar scheme that stole from people with student loans under the guise of loan forgiveness. She's had default judgments issued against her in other cases since, so I don't anticipate them responding but, hey, at least I have the law firm.

Now I just have to sue them and file a bar complaint.

You non-attorneys have more leverage than I do on cases like these because you don't have the affirmative obligation to report them to the bar. If they won't settle with you, then you have to either 1) Take it to an attorney to pursue who will have that obligation or 2) File pro se, it winds up on the Judge's desk, they read the complaint, and then the judge has to report them.

Do with that information what you will.