BetterTrades® Auto-Dialing to Pitch Products: Is That What You Signed-Up For?

Better TradesBetterTrades® is an option-trading company that provides financial and trading education to individuals who want to learn to trade options in the stock market.  BetterTrades® recruits individuals to attend mutli-day “Market Essentials” trading boot camps where individuals sit through hours of trading instruction to achieve a basic to intermediate level option trading ability.  

After you have achieved your Market Essential trading certificate, BetterTrades® continues to offer its former students and members tools to assist them with their trading, as well as continuing education, delivered both through online content as well as in person classes and events that occur in different cities throughout the United States. 

As these teaching “road shows” move throughout the United States, BetterTrades® will call its former students or members to advise them of the upcoming event.  These calls are “telemarketing” or “solicitation” calls.  BetterTrades® delivers these calls to its former students or members using both an automatic telephone dialing system and an automated or pre-recorded voice.  In many instances, BetterTrades® will place these calls to its former students or members on their cellular telephones.  This practice may violate the Telephone Consumer Protection Act (TCPA) of 1991. 

The TCPA regulate the use of “autodialers” or “robodilaers” when calling people, both on their cellular telephones and in marketing or soliciting.  As of October 16, 2013, in order to lawfully use such autodialers or robodialers to call consumer’s cell phone, the caller must have the called party’s “prior express written consent.” 

Under the TCPA and the Federal Communication Commission’s recent Order, prior express written consent as consent that: 

·       Is in writing bearing the signature of the person providing consent (written consent includes an electronic or digital form of signature pursuant to the E-SIGN Act);

·       Specifies the telephone number to which the person is consenting to be called;

·       Clearly authorizes the company to call the person using an ATDS or prerecorded message for telemarketing purposes;

·       Is not a condition of purchasing goods or services. 

Upon information and belief, BetterTrades® is calling its former students’ and members’ cellular telephones using an autodilaer or robodialer, but does not have (i.e., has not updated) prior express written consent to make such calls.  The TCPA provides for damages to each person who receives an unlawful call or text.  Each such call or text brings with it $500.00 damages and, the court, if it finds the calls or texts were initiated or placed willfully in violation of the TCPA, up to $1,500.00 per call or text.  

If you have received or are receiving automatically dialed telephone calls to your cell phone from BetterTrades®, call LeavenLaw to discuss your options.  1 (855) Leaven-Law or visit www.LeavenLaw.com for more information. 

 

 

 

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