THE PROBLEM-Fake Leads and Lead Fraud
A key problem is that lead generators don’t necessarily adhere to ethical restraints that restrict attorneys when recruiting clients and a lack of transparency. Many lead generators aren’t transparent to both attorneys and claimants. For example, some offshore call centers have used data mining to target people individually. They may lie and promise certain settlement amounts, enticing a lead to sign up. In addition, to increase the reach of their efforts to sign up potential victims, attorneys and their marketing agents or lead generators use automated technology to place thousands of calls to potential claimants who have not opted in to receive calls. Among other methods, many lead generators use cold calls to solicit prospective clients, in violation of the Telephone Consumer Protection Act, a federal statute enacted in response to public outrage about intrusive, nuisance telemarketing practices.
Fake leads can result from:
- The call centers may not be properly vetted and may not have the necessary skills and experience to generate quality leads.
- The call centers may use unethical or illegal methods to generate leads, such as cold calling or using fake profiles.
- The leads may not be qualified and may not be interested in the services that the law firms are offering.
Lead fraud or a “FILE AND EXTORT SETTLEMENT” can occur when someone signs up for a mass tort case without having a legitimate claim. They may do this to get money from the law firm or the lead generator, or they may do it to sabotage the law firm’s case. Unscrupulous people sign up on TCPA-compliant webforms, receive calls, and then sue the law firm and/or call center for TCPA violations. We call them Serial Litigators.
To help protect against lead fraud, we scrub all our inbound and outbound leads using our Scammer ScrubTM trusted cloud-based defense against serial plaintiffs and “lawsuit mill” litigators who target and entrap law firms and lead generators for TCPA (Telephone Consumer Protection Act) violations. The software identifies serial TCPA plaintiffs and serial litigators while running wireless, VoIP, and DNC (Do Not Call) list scrubs and helps us maintain TCPA compliance. The software is updated in real-time from original court documents and the National DNC list.
It’s simply the best way to mitigate your risk of a TCPA lawsuit. Approximately one-third of TCPA lawsuits originate from a small group of repeat serial plaintiffs and litigators. Identifying these repeat players before any inbound or outbound campaign is the smartest preventative measure companies can enact to reduce their exposure to TCPA-related risk.
We utilize a real-time updated comprehensive database of names, phone numbers, and associated case files of TCPA litigators, professional plaintiffs, and persons involved with TCPA litigation, known as TCPA litigator sharks. The contact data for litigators on our TCPA litigator list is verified with an FBI-level search.
A TCPA litigator shark is a lawyer or professional plaintiff who uses the TCPA to their advantage for nefarious purposes to generate lawsuits against alleged TCPA violators. They take advantage of the statute’s status as the biggest cash cow in the history of American class action practice.
THE RESULT: a tainted docket filled with fraudulent cases leading to loss of reputation, legal culpability, and diminished settlements.
As a responsible client acquisition firm, we have taken further steps to ensure we are protecting our attorney client’s liability as well as ours for false claims.
We use TrustedForm and Jornaya, which provide the highest standard for independent proof of consent. TrustedForm provides unbiased third-party documentation of consent and real-time actionable insights about the leads we are acquiring.
TrustedForm provides unbiased third-party documentation of consent and real-time actionable insights about the leads we are acquiring.
- Legal Protection
- Verify and document consent for compliance with regulations like TCPA, CASL, etc.
- Fraud Protection
- Verify we are receiving authentic leads from interested consumers.
- Brand Protection
- Verify our marketing brand is being appropriately presented and leads are coming from our approved sites.
Our TrustedForm certificates provide unbiased third-party documentation of consent. This proof of consent can protect you in the event of litigation while giving you confidence that your signed claimant has asked you to contact them. TrustedForm holds TCPA certificates for up to 5 years.
All potential claimants responding to our marketing come into a US-based call center to get legal help. We do NOT make cold calls nor use illegal methods to solicit calls. Outbound calls are only made in response to inbound requests from potential claimants.
All our advertising is TCPA compliant and pre-approved by our attorney clients.
When the need arises, we work with partner vendors who are fully vetted and must comply with all our in-house compliance processes, including all new FCC rules. They are monitored daily for compliance.
During the Compliance call, the Compliance Specialist emphasizes the law firm’s name and will contact them directly. The Compliance Specialist provides the law office’s phone number to ensure they will answer the call.
Each lead is checked in several ways:
- Address verification
- Criminal background (Mass Tort Cases Only)
- Claims history background (Personal Injury Cases Only)
- We use IDology– a real-time, on-demand identity verification and fraud prevention solution. It is an AI-driven fraud detection protocol, a KYL-Know Your Lead program. This is a first in the legal industry and emulates what the SEC requires of financial institutions. It provides a multi-layered approach that ensures we have more inclusive ways to verify leads— quickly, easily, and automatically.
- To help protect against lead fraud, we scrub all our inbound and outbound leads using our Scammer ScrubTM trusted cloud-based defense against serial plaintiffs and “lawsuit mill” litigators who target and entrap law firms and lead generators for TCPA (Telephone Consumer Protection Act) violations. The software identifies serial TCPA plaintiffs and serial litigators while running wireless, VoIP, and DNC (Do Not Call) list scrubs and helps us maintain TCPA compliance. The software is updated in real-time from original court documents and the National DNC list.
- We run our proprietary software, Sign Up Sentry, to check if another law firm represents the lead. This software was developed in-house to help alleviate the dual representation issues that have become prevalent in our industry.
- All calls are recorded at each level of contact and provided to the attorney as part of the package.
- Digital signatures of the required documents are provided and tracked.
- Every package is digitally notarized, that includes a photo of the claimant and the claimant’s State or Federal ID.
- Add on our ZeroRisk Compliance Plus ProgramTM
Add on our ZeroRisk Compliance Plus ProgramTM Transforming Mass Tort Integrity and Patient Care Through Real-Time Medical Records.
Our ZeroRisk Compliance Plus ProgramTM adds significant assurance and compliance to our already bulletproof ZeroRisk Compliance ProgramTM.
- Reduce or eliminate Fraud
- Reduce or eliminate Fake Leads
- Reduce or eliminate Dual Representation
- Eliminates ID Theft
- Higher Settlements
Will all cases be compensable? No, but our goal is to reduce lead fraud and fake leads as much as humanly possible, aided with the latest technology. We will continue to add barriers to fake leads and lead fraud as technology advances and through continuous training of the intake and verification staff.
The initial cost is higher than from lead generators and client acquisition agencies using overseas call centers, but the final cost of acquisition will be lower, your firm will be protected from fraud claims, and we will be friends.
Why wouldn’t you hire ZeroRisk Cases® to sign your mass tort clients?
Get started before your competitors do…there is a limit to how many clients we can onboard.
CONTACT US FOR A CUSTOM QUOTE.
CALL 833-937-6747 OR USE OUR REQUEST A QUOTE FORM