Warning on Avatar and Robocall Lead Gen

A recent opinion letter from the Federal Trade Commission all but puts the complete brakes on anyone relying on Avatar leads. For those not familiar, an Avatar lead is generated by someone, typically in another country, using buttons on a computer program to deliver a sales pitch perfectly every time. Although it is a human interaction with the program, the voice is pre-recorded and delivered merely by the push of a button. See the two documents: Nov._10_2016_Call_Assistant_Avatar_Soundboard_Staff_Opinion_Letter Urgent Update - Law Firm Analysis: New FTC Avatar Letter Released Today Up to now, it was the common consensus that an Avatar-generated lead was legal and not a purely-illegal Robocall, which has been illegal for some time. A Robocall is where a recorded message is blasted out to a list of phone numbers with no human interaction at all. Robocalls have been illegal since 2011 and the enforcement actions against those using them have increased over the years. The lead generation industry was encouraged by the new hybrid human/automation technology of the Avatar and thought that this could bring cheap labor (Philipines) to lead generation without the accents, deviation from perfect scripts, and any other human falacies that could screw up the perfectd delivery of a pitch every single time. The new FTC opinion letter shows that these Avatar leads are now considered nothing more than Robocalls. When actual enforcement might begin against those using the Avatar leads remains to be seen. However, it is my hope that by spreading the word of their new interpretation, agents can avoid potential lawsuits and federal investigation by not purchasing leads generated in this method. Remember that if you are the ultimate end-user of illegally generated leads, you incur responsibility as the culprit when the plaintiff is looking to the courts for compensation. You cannot hide behind a lead company or the fact that it was generated overseas. Ultimately, you are the one benefiting from that lead and making final contact with the offended party. There are now professional plaintiffs looking for whom they may devour. -Chris Westfall

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