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During this week’s Research Assistant Peer call a member was frustrated by the threat of a nonsense, pro-se TCPA lawsuit. It sparked sympathy and discussion about the way to manage these threats. Frivolous cases like this can cause anger and annoyance, and it can be difficult to take the next step when clouded by frustration. So, what can you do to handle it? Do you respond? If so, how? If not, why? Which is the right approach and how can you ease the frustration of dealing with it?
Keeping a level head in these situations can be difficult. Some RA members on the call said it may be best to respond, but not immediately. Give yourself a few days to calm down. An idea mentioned to work through anger or frustration is to type up a response that says what you *want* to say (just be sure to keep the ‘To’ field empty!), then wait a few days and go back and reread it. At that point, either trash it and start over or change it to a more professional straightforward response.
One RA member suggested keeping the reply very simple: state you investigated the complaint, listened to the call recordings, and do not agree a violation occurred. Other members concurred and advised that no matter how much you want to say what’s really on your mind, don’t. Keep personal feelings and editorial comments about the allegations out of any response.
Another tip mentioned was that before you respond, make sure to thoroughly review your file. When your file and proof the alleged violation did not occur is solid, there’s less of a chance the case will blow up into something else. Sometimes though, while a threat in and of itself can be nonsense, the file can have details that could be problematic. Many of us want to argue when we know we are right, but in our frustration, we can miss some of the details. Don’t respond until you’ve reviewed your file thoroughly and with a level head. If you’ve confirmed your proof is solid and there isn’t any minutia that can come back to bite you, remember that ACA International has an Industry advancement fund for some litigation and advocacy situations to help you afford the cost of the fight.
On the flipside, if you choose to ignore it, you may miss an opportunity to end the nonsense threat. Responding may help you end the situation before it costs you money to defend yourself. It can be very expensive to prove yourself right.
Lastly, knowing where your organization draws the line on how far it is willing to go with settlement and litigation costs is important. Many of us worry about copycats or getting the reputation of paying on nonsense claims just to avoid the expense of litigation. Where does your company stand? Would they rather pay out a few settlements to avoid the cost of litigation, or would they rather dig their heels in and fight frivolous suits, no matter the cost.
Having this knowledge upfront can help you decide the right path forward, and ease some of the frustration from the get-go.
Frivolous and nonsense lawsuits are a part of our industry that will not go away any time soon. Stay in control, no one can make you angry without your permission. Don’t take it personally so you can step back and make a professional decision. Be prepared, educated and confident in your policies and procedures so you are ready if you need to respond to a similar situation.
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