Automate Lawsuit Filing? The Brave New World of "Anti Robocall Apps

© 2020 2(866) DNC-LIST 866-362-5478 info@DNC.com DNC.com Oxford-Biochron.com info@ Oxford-Biochron.com
ERIC J TROUTMAN
TCPA Czar
Partner, Squire Patton Boggs
HOST OF UNPRECEDENTED PODCAST
Lead Counsel in over 100 nationwide class
actions and 1,000 individual TCAPA suits

David Scheckel
CEO
•For over 25 years, David has been a leader in the financial services
industry and fin-tech space. David uses his extensive knowledge of
business operations, programming and networks to help Oxford’s clients
make their maximum impact in the marketplace.
William Scheckel
CMO
•William has 25+ years' experience in digital marketing, with
specific expertise in digital advertising, lead generation, B2B
marketing and web development – skills he hones at Oxford as
well as in his role as a professor of digital marketing at New York
Institute of Technology.
Oxford BioChronometrics (www.oxford-biochron.com) is a
leader in the fight against digital fraud. Whether it’s
protecting and validating impressions, clicks, leads,
conversions or purchases, we secure the entire demand gen
funnel to protect profits and save companies from litigation.

THE TCPA REMAINS THE BIGGEST LITIGATION
CASHCOW IN AMERICAN HISTORY
• More multi-million dollar class actions under TCPA than any other
statute (40 in 2019 alone!)
• $500-$1,500 per call violation.
• Private right of action.
• Uncapped statutory damages—can be BILLIONS in exposure.
• Four year statute of limitations.
• Difficult to decipher terms—creates perfect litigation storm requiring
a powerful defense.

THE TCPA REMAINS THE CROWN JEWEL OF THE
FEDERAL RESPONSE TO ROBOCALL EPIDEMIC
• Congress has doubled-down on the TCPA by passing TRACED Act.
• TRACED Act promises MORE POWERFUL TCPA enforced by multiple
regulators and with CRIMINAL penalties.
• There are some positive developments:
• ATDS definition slowly becoming more narrow
• Major constitutional fight before the Supreme Court
• Standing arguments gaining traction
• BUT TCPA LITIGATION (PARTICULARLY CLASS LITIGATION) REMAINS
DEADLY SERIOUS

PEOPLE WANT FREE MONEY– AND STOP AT
NOTHING TO INVENT TCPA SUITS
• My team successfully shut down a manufactured lawsuit scam in
Stoops vs. Wells Fargo
• Lady bought over 80 cell phones to net wrong number calls
• Other repeat players have brought hundreds of lawsuits—most
lawyers have not effectively used Stoops and courts are weakening its
effect
• Without a comprehensive strategy, many businesses are sitting ducks,
victimized by repeat low dollar demands and manufactured lawsuits.

AND NOW AN APP PROMISING
ROBOLAWSUITS…
• DONOTPAY.COM
• Call blocking apps have long served as referral sources for scumbag
(IMO) class action lawyers
• Let me tell you about Tillman vs Ally (We shut down that scheme too.)
• But this is next level
• App uses a phony credit card to get caller details.
• Card declines every transaction but the merchant has to provide
information.
• App generates a demand demand letter and court filing forms.
• No lawyers checking validity—claims a “robo lawyer”

Copycat Apps Are on the Way
Robo Revenge from DoNotPay is the first, not the
last of its kind.
It began as a parking ticket app. There are hundreds
of others. Now they all have the idea to expand.
We predict that its main competitor, WinIt, will enter
this space soon.
What this means to you:
Litigation was once targeted at the big
guys. Now it’s going to hit everyone,
through whatever app is easiest for
someone to use.

What can we do to protect yourself from this
potentially fraudulent use of the legal system?
• Watch for credit card declines– track the numbers and share them
• Train agents to watch for “social engineering” scams
• Have a strategy for dealing with large litigation volumes
• What sort of entity are you?
• Pursue sanctions for fraudulent lawsuits
• Rule 11 applies to individual litigants and lawyers alike.

It’s More Important Than Ever to Insure Yourself!
•Client does not pay for fraudIdentify bot fraud
•Saves cost per call AND reduces risk of
litigation for no proof of consent
Only pass human
submissions on to call
center
•Humans in Zimbabwe can't trick the system
and claim they are really in Iowa.
Use advanced geotargeting
to determine where the
form was filled out
•In case of a lawsuit, clients can retrieve form
submissions as a virtual movie for evidence.
Give each form a tracking
number before it is saved
and stored.
10
Your solutions need to:

Be Prepared – Or Be Prepared to Pay
Have tools to monitor your lead gen process
Weed out fraud first
Don’t settle for a solution that relies on matching phone numbers
and either IP addresses or physical addresses (again – hacked data)
Only call humans you can prove gave consent so you can decrease
your cost per lead
AND get that lead confirmed in under 1 second.

Store Your Evidence
If someone complains that you
contacted when they didn’t ask,
you need evidence – known as
“proof of consent” – which is
basically a video and metadata.
Video evidence looks like this:
Oxford’s proof of consent product,
SecureLead, digitally signs your
evidence so no one can fake it or
change it down the road.

And Now, to Fight These New Apps:
Make sure your fraud
detection solution can offer
an autoresponder to fight
robo-lawsuits!
If they can look you up
automatically, you can
automatically deliver proof
that they asked you to call!

Most Important Factor in Fighting Fraud
You can think you’re doing
right and still get fined for
compliance violations!
Why? …

Real Data Can Be Used by Criminals
Because hacked data from
• Equifax
• CapitalOne
• Marriot
• and tons of others
all have REAL data from REAL
people who NEVER asked you to
contact them!

How Bots Use Data for Fraud
This feeds what we call the flow of fraud.
Bots: oTake hacked data and set it to autofill
forms
Are programmed to look like specific
devices and browsers
Use a VPN to spoof their location so the
IP address is local to their area code.

The Flow of Fraud
A data breach
where
personal data is
stolen
This happens
frequently – for
example, the
Marriott hack,
Equifax, Capital One
Click farm/bot net
creates online
profile and then:
It retrieves data
with the correct
geo-location to click
a targeted ad and
fill the contact form
Click farm/ bot net
submits form with
stolen data
Browser is redirected
to landing page with
contact form
Form submitted, the
lead points to the
website with the ad.
That lets the bad
actors earn money
17
When fraud is left unchecked, it flows through the entire lead gen process.

What you Need to Know about CallerID and TCPA
Litigation Fraud Prevention
Avoiding TCPA Litigator Sharks
Re-Assigned Numbers in 2020
Right Party Consent & Verification
The Dreaded Scam Likely Label

The Reality of Call Labelling and Call Blocking
Efforts to stop robocalls have increased the
likelihood caller ID numbers display as Scam Likely or
worse yet, Blocked.
• Call Deliverability is at all Time Low
• App companies are driving bad crowd-sourced
data
• All types of calls are affected (not just dialers)
• Affects nearly every industry
• Until recently, no solution for legitimate call
tracking.
• White Listing and Number Registration
• Who do you trust?

TrustCall® is a real-time monitoring and alerts
dashboard that provides actionable intelligence
to help you address unwanted call labeling and
blocking issues. Proactively monitor the trust
reputation of your outposted ANI numbers and
get email notifications when it could directly
impact your call deliverability.
KEY FEATURES OF TRUSTCALL®
• Maximize call deliverability by identifying
the "scam likely" or "spam likely" score of
your ANI numbers
• Easily manage all your numbers in one
place with the TrustCall® management
dashboard.
• Daily and real-time alerts when the trust
reputation of your outposted numbers
changes.
TrustCall®
Stop unwanted caller ID blocking and labeling.

Any company that uses an autodialing system or
automated text platform is at risk. All it takes is
a single call or text to support a TCPA case. This
has spawned a multi-million dollar litigation
industry with record-breaking judgements.
KEY FEATURES OF LITIGATOR SCRUB®
• Identify litigators in real-time on both
inbound and outbound campaigns with our
robust API or one of our many convenient
CRM integrations.
• Built from the ground up by real industry
experts.
• Every phone number is matched against a
real case file, so you can minimize your risk
while maximizing the phone numbers you
can keep in your data.
Litigator Scrub®
The industry’s most reliable and cost-effective defense
against serial TCPA litigators and professional plaintiffs.

Use Case: Re-assigned number and right party append
Reassigned Numbers De-Mystified
Safeguard against TCPA violations from risky wrong party contacts
Identify wrong numbers. Find new correct ones. repeat.
Average Re-assigned Rates Hover around 12-15%
Critical for SMS Campaigns
Numbers are being recycled at an increased rate, upwards of
200k/day
Will soon feature and included FCC nationalized re-
assigned database for best of both worlds
Available via batch and real-time API

Free Trustcall Caller ID
Reputation Check
Litigator Scrub
See what’s hiding in your data?
Reassigned ID
What’s your reassigned risk?
Ryan Thurman
Director of Sales & Marketing
866-362-5478 ext 116
ryan@dnc.com

Leading the Fight Against Fraud
David Scheckel
CEO
Phone: +1 609-331-9126
Email: david.scheckel@oxford-biochron.com
Helping You Stay on Top of:
• TCPA Compliance
• Fraudulent Leads
• Improving ROI of Your Campaigns
• Ad Fraud
www.oxford-biochron.com
24

DON’T GET THE WRONG TROUTMAN!
ERIC.TROUTMAN@SQUIREPB.COM

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