David Goodstein is searching for a call center at LinkedIn, where he can pull money, the call center has the risk and the work. The difference to the other scams is only, that the offer is very well described including the cheat (I have only picked out the most important parts):
- "The only thing the customer is responsible for is the monthly monitoring fee. The fee ranges in price between $39 and $60 a month"
Sorry, who likes the monitoring? In a normal world is it this one, who asks for the monitoring need to pay for it. In this case is it the client, for whom is done the work!
- "You are responsible for your VOIP minutes"
Your client is not able to pay the phone bill for the calls to the United States, which are normally traded at www.voicetrading.com for US$ 0.0052 and at www.voicebuy.com between US$ 0.0045 and US$ 0.0075 per minute. This is already too expensive for his customer. How would his customer pay the bill in this case for the call center?
Sorry Mr. Goodstein, but you like to have a gift? Which gift gets the call center? At this world is nothing for free.
- "Initially (first 2 weeks) your commission is based off of completed installations only and not on a transfer basis (payout is $150 per installation)."
Mr. Goodstein, do you really think that someone can survive with $150 for 2 weeks even in a low wage country? Do you really think that you can get someone, which takes the risk of your business for you? I think that nobody will be so stupid and accept such an offer.
- "We require you to use our Non - Voice Avatar like technology."
Wow Mr. Goodstein, you like to make a test drive with your Avatar? In such a case you have to pay the agents per hour and not per lead! How the agent will be able to handle difficult and angry people? Mr. Goodstein do you have even recordings for this kind of people? How long is your list of recordings? Should the agent listen to the customer or permanently search for the correct recordings in the list?
- "After the 2 week trial basis, if we see your team is capable of sending quality transfers on a consistent basis, we will pay you $6 per transfer, with a 60 second buffer)"
We have seen already that you are not searching for quality. But even $6 is too less, if you accept only 59% of the transfer, like you have sent it in the Excel file, which is attached here. In this case the $6 is only $3.54. Mr. Goodstein, we all know that the US south states lost the war for the slavery. Do you like to reinvent the slavery again?
The agreement 1a Transfer Agreement - $6 per Transfer 60 second Buffer 01 26 20015:
- "Except in the case of a predetermined lunch break, force majeure and or technical difficulties outside of the centers control, 80% of ALL logged agents MUST remain dialing during regular business hours with NO EXCEPTIONS. This includes scheduled breaks where no more than 20% of ALL agents may be on break at any given time. Failure to comply with this will result in a financial penalty of 20% of the daily average Billable Leads Generated by the center for EACH day such an infraction occurs."
Mr. Goodstein: As your offer pays per lead, then you cannot make a penalty for working time or something else. In such a case you have to pay per hour!! What you try is nothing more than a big cheat!!!
- "Company bears full responsibility for compliance with all state and federal laws regarding the content of their messages(s). Company certifies messages(s) used will be in compliance with 47 U.S.C § 227 or certifies exemption from its requirements."
Mr. Goodstein: If you not print out this §, then is it invalid in any international agreement. You need to take care, that the "Company" gets informed about this rule. You can use this rule inside the US, but not in international contracts.
- "Company agrees to pay all reasonable collection and/or attorney’s fees associated with part any investigation or compliant regarding Company’s use of the Service and proprietary technology."
Mr. Goodstein: You try to give all fees in case of trial to your contractor before judgement day. That is really a nice try, but this is already invalid in international business. A nice try, but you will not be able to use it.
- "TMI COMMUNICATIONS shall be held harmless in the event calls cannot be affected for any reason. Service and proprietary technology is provided on an “as is” and “as available” basis. Due to the nature of our products/services we do not allow refunds or cancellations. All Subscription Services are non refundable and on a month to month basis and are prepay only."
Mr. Goodstein if you sell a service, which has to use a special technology, then you are responsible for this technology. If this technology is not working, then the customer or the call center has to get an refund. You are only try to cheat everybody!!!
- "TMI COMMUNICATIONS reserves the right to cancel any scheduled campaign anytime"
Mr. Goodstein: If you cancel a scheduled campaign, than you have compensate your contractor for this canceling
- The signature
Even the signature is invalid, because it use a script font instead of a hand written signature. That is your next try to cheat. Maybe you don't have any business education, but in international business have the documents to get signed in front of a notary and need to get legalized in each country.
All the other documents seems to got written by an amateur and not by using the help of an attorney. As they even don't like to pay for the phone minutes, it can be that a consultancy fee of an attorney has been to expensive too.
The agreement 4b - Agreement - Lead Generation - Avatar
- Point 8 - Competitors Clause
This clause is invalid as long as you not pay for the time, in your case 3 years, a compensation to your contractor
- Point 10 - Contract is valid by transmitting it scanned, emailed, faxed etc
Sorry but nobody is able to replace international law by any agreement. The agreement cannot get executed in this case.
- Point 11 - Don't call list, etc
If TMI Communications is providing dialer and data, then TMI Communications is responsible for this rules. The "company" has no influence to the dialed number,because the leads are getting provided to them. The avatar system is already breaking the rule of TCPA about prerecorded messages. So the crime starts already at TMI Communications and the "company" should be responsible for this criminal act.
As Mr. Goodstein did even not sign it in a proper way all the documents have less value then the paper on it will get printed.
The LinkedIn offer from David Goodstein:
Home Security Lead Generation Campaign Available - Dialer, Avatar & Leads Provided for Free Auswahl des Managers
Home Security Live Transfers, with 60 second buffers
Home security Campaign Available– We have 12 different installation groups that we are Master dealers for. They each have their own unique footprint to do installations in. When you combine all the footprints, we are in 44 states, covering over 40,000 zip codes or roughly 90% of the U.S. population. We offer the customer free equipment, free installation and wave out activation fee. The only thing the customer is responsible for is the monthly monitoring fee. The fee ranges in price between $39 and $60 a month. You would be doing lead generation; finding customers that have interest, cooperation are the home owners (not renters) and are not under contract with another security company.
You will live transfer those calls to our closing agents. We will provide you with the dialer, avatar and leads for free. You are responsible for your VOIP minutes.
Minimum 25 agents
Initially (first 2 weeks) your commission is based off of completed installations only and not on a transfer basis (payout is $150 per installation). After the 2 week trial basis, if we see your team is capable of sending quality transfers on a consistent basis, we will pay you $6 per transfer, with a 60 second buffer) We require you to use our Non – Voice Avatar like technology. – Please go to tmicomm.com and review the demo video.
(561) 574 - 4715
0- Cubicall Transfer Report - Week Ending 2 5 15.xlsx (45.24 kb)
1a Transfer Agreement - $6 per Transfer 60 second Buffer 01 26 20015.pdf (206.39 kb)
4b - Agreement - Lead Generation - Avatar.pdf (225.18 kb)