How the Three-Second Pause Can Get You Sued
Welcome back to another episode of Debt Collection 101 on Arbeit U. If you want to avoid lawsuits, this episode is for you. Today’s episode is all about the three-second pause. Alex and Spencer will cover past court cases involving TCPA lawsuits and how the three-second pause was one of the main factors in each court case. Get helpful advice from the pros in the industry so you can avoid the courtrooms.
“Hello. Helloooo. Hi, is this John Smith?” That’s the sound of you guys getting sued! Great intro Spencer! Its Alex Villafranca and Spencer Farrell with Arbeit Software and we are back with the second episode of Debt Collection 101 on Arbeit U. The premier source for information on debt collection. Alright, so what we’re going to talk about today is the three-second pause. Specifically how it relates to getting TCPA lawsuits. More importantly how to stop spending money on TCPA lawsuits. Wouldn’t it be better to just not get a TCPA Lawsuit instead of just defending it and winning it?
Three-second pause leading to lawsuits
When we were developing our TCPA compliance solution Arbeit Click, we spent many hours researching TCPA cases and while doing so we stumbled across something and it was the three-second pause. So in every single TCPA case that we have read, or at least 95% of them, it always references the three-second pause before being connected to a live representative. I think you looked at robocallrights.com? Yes, robocallrights.com, the most interesting website in the world. It is a questionnaire for people who believe they may have gotten called from a robo dialer. Attorneys then screen the applicants and what they look for. So the third question down, is “if not recorded, is there a pause when you answer, before being connected to a live operator?” So attorneys are looking for that three-second pause in order to determine if they want to sue you or not.
We pulled an excerpt from a real TCPA case, Killman V Educational Credit Management Corporation and in it says; “Each time plaintiff answers a call from defendant there is a pause before the plaintiff is connected to a live person.” That’s how they actually knew it was an ATDS call. Right, and another one is Toric v Fingerhut which says; “when the plaintiff answered calls, she heard silence and had to wait on line to be connected to the next available representative.” The last one I want to share here is Ward v Collection Bureau of America. It says specifically “defendants telephone system has the air mark of using an ATDS and or using robo calls in that plaintiff, upon answering calls from the defendant heard a period of silence followed by a pre-recorded voice. Instructing her to hold for the next available agent.”
How to Avoid these lawsuits
These are real court cases where people had to end up paying for using an ATDS. This is how the plaintiff knew it was an ATDS. So Alex its plain and simple, if you would like to avoid getting a TCPA lawsuit, do not us a product with the three-second pause. Yeah I mean its funny because whenever I’ve been to an ACA event, it seems like no one’s ever talked about how to prevent the lawsuits in the first place. They always talk about how you want human intervention at the time of placing the calls. Why not prevent yourself from getting a TCPA case in the first place. I use the analogy; if you walk into a bank with a ski mask on, you will probably get arrested. So avoid the lawsuit altogether. Don’t wear a ski mask into a bank, and don’t have a three-second pause.
So if you enjoyed this, stay tuned. Tons of more great stuff coming, same time, same place, noon east coast time on Thursday. Want to learn even more helpful tips to avoid getting sued? Check out our blog: 5 Tips on How to Avoid a TCPA Lawsuit.
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