Knowingly violating the Telephone Consumer Protection Act is a kind of gambling. Some annuitants will give in to constant phone solicitation and give the offending company what they want. The downside for the TCPA offender is that someone may not give in, and worse, will fight back. On July 21st, 2015, in West Palm Beach, FL, a class action suit was brought against Novation Capital / Novation Ventures for alleged violations of the TCPA, including the use of a “robodialer” to assist in the facilitation of sales calls. In other words, the party has ended; annuitants have had enough. Someone is likely to receive a swift slap.
We are not at all surprised that a suit of this kind finally happened. We’re just surprised it took this long! It certainly seemed inevitable to us. If enough annuitants are pushed around, and enough educational material is out there for them to find – it’s just a matter of time before annuitants stand up for themselves. And really, who can blame them? How many of us just love speaking with telemarketers? We don’t. No one does. Even Congress, an institution known for its glacial pacing in all things, almost unanimously agreed, with the passing of the TCPA and its subsequent amendments, that frequent phone calls to one’s phone by companies with no prior business relationship and absolutely no consent by the recipient is unwarranted, undesirable, and constitutes a violation of personal privacy. Therefore, violations of the TCPA are punishable by up to $1,500 per phone call. The penalty for knowingly defying this law, if caught, can be severe.
We at Bentzen Financial make no effort to hide the message to promote ourselves as the small, referral based company, lone-wolfing the straight-and-narrow in this business. We pride ourselves in being alone in our unwavering stance for no high pressure sales calls, no big-time advertising, and absolutely no court scraping. We help annuitants when they want it, not when we’ve called them enough times that they finally cave in. Not harassing them with high pressure sales calls is a given to us. Like you, we will follow the progress of this case with great interest.