Any company operating in a highly litigious environment should never lose sight of the fact that attorneys have the same access to the Internet as job seekers. Unlike a job seeker, however, a class action attorney may use the information you include in an online job description to support allegations in a TCPA lawsuit filed against your company.
The following images were pulled from recently filed complaints (defendant names redacted) and demonstrate how attorneys are weaponizing the information they find on LinkedIn, ZipRecruiter, and other job sites to support allegations that the company being sued engages in unsolicited outbound telemarketing campaigns that violate the TCPA:
These are just a few examples of the many complaints in which the defendants' job postings are being used against them. Will allegations like these help the attorneys who included them to win their case? Not by themselves, of course, but they certainly can't hurt. More importantly, including statements like these in an online job posting may help convince an attorney who was otherwise uncertain about the strength of his client's case to file suit.
Online comments about a company's telemarketing practices posted by former employees or consumers are one thing (in that case, shame on them), but if you tell the world that your employees conduct unsolicited outbound cold-calling campaigns, shame on you.
The bottom line is simply this: be careful with your words. Once you post them online, they can only be forgiven, not forgotten.
