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Anyone ever sue a telemarketer?
Old 09-10-2014, 10:27 PM   #1
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Anyone ever sue a telemarketer?

Received a telemarketing call today from a nationally affiliated local business. We are on the Do Not Call list, and I am sick of still getting calls.

Anyway, we have no business relationship, and they should certainly know better. No doubt they used a telemarketing firm, as the caller ID was not local. But that does not excuse it.

So, though I have never done anything like this, I wrote a demand letter for $500, which is the amount permitted by law per incident. If they do not respond, then off to small claims court.

Anyone have any experience or success doing this? I know it won't stop other calls, but it sure would put a smile on my face to pocket $500!
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Old 09-10-2014, 10:37 PM   #2
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Originally Posted by bizlady View Post
Received a telemarketing call today from a nationally affiliated local business. We are on the Do Not Call list, and I am sick of still getting calls.

Anyway, we have no business relationship, and they should certainly know better. No doubt they used a telemarketing firm, as the caller ID was not local. But that does not excuse it.

So, though I have never done anything like this, I wrote a demand letter for $500, which is the amount permitted by law per incident. If they do not respond, then off to small claims court.

Anyone have any experience or success doing this? I know it won't stop other calls, but it sure would put a smile on my face to pocket $500!
Just curious, but who would get served the court order by the sheriff if you don't get the $500?
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Old 09-10-2014, 11:07 PM   #3
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I want to know how this turns out.


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Old 09-10-2014, 11:14 PM   #4
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Over at fatwallet.com, there is a guy (codename 47, or just CN47) who is legendary for suing telemarketers and debt collectors who break the law. He has probably made hundreds of thousands over the past few years.

Politicians are one group who are exempt from the law, unfortunately. I keep getting calls that say "vote for me!" Usually it's a robocaller. Annoying.
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Old 09-10-2014, 11:54 PM   #5
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Just curious, but who would get served the court order by the sheriff if you don't get the $500?
It would be a small claims court if I have to go there. Have no idea how collections might work, but if I win, maybe I'll fine out. I suppose I would just file a lien if needed. In this particular case, I think they would pay if they lost.

Furthest I ever took this before was to call a local business (it was a mom and pop type store) and inform them of the law. Somehow, I would be less inclined to take this action with a small business- not that ignorance of the law is an excuse...
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Old 09-11-2014, 09:07 AM   #6
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I had read an account of this before. I can't find the link, but as I recall, it was a lot of work. You need to find the address of the company responsible for the calls, serve all the legal paperwork correctly, etc. The article I read, the guy was a lawyer, or had some free legal help, so it made it easier.

Try googling it, you'll get plenty of hits. I'm tempted, but between call-blocking, caller id (I just don't pick up) , and NOMOROBO, it just isn't worth the effort for me.

But I hope you succeed.


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Old 09-11-2014, 09:31 AM   #7
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Originally Posted by bizlady View Post
It would be a small claims court if I have to go there. Have no idea how collections might work, but if I win, maybe I'll fine out. I suppose I would just file a lien if needed. In this particular case, I think they would pay if they lost.

Furthest I ever took this before was to call a local business (it was a mom and pop type store) and inform them of the law. Somehow, I would be less inclined to take this action with a small business- not that ignorance of the law is an excuse...
It's not necessarily small claims court. The law puts dollar amounts on the violator on a PER CALL BASIS, so if they called multiple times, each time adds to their total amount that you are owed. Small claims court has a limit that may be surpassed.

Also, what would filing a lien do? I don't see that ever ending up with the money that you're due. I wouldn't find out how collections worked based on my own case. You aren't the first to deal with this. If it were me I would want to know what to expect. Surprises from the legal system are usually unwelcome.

https://www.google.com/search?q=sued...d=ssl&oq=&gs_l=
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Old 09-11-2014, 05:20 PM   #8
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I want to know how this turns out.
+1

Please do let us know.
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Old 09-11-2014, 08:31 PM   #9
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Politicians are one group who are exempt from the law, unfortunately. I keep getting calls that say "vote for me!" Usually it's a robocaller. Annoying.
Election time in Japan is always a hoot.
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Old 09-12-2014, 06:34 PM   #10
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I am watching this thread, too. I have kept a file of the calls I get and occasionally file complaints. I wonder if it is even worth while. If small claims court does work...maybe more of us may go that route, also.
https://complaints.donotcall.gov/com...aintcheck.aspx
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Old 09-12-2014, 07:09 PM   #11
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I am watching this thread, too. I have kept a file of the calls I get and occasionally file complaints. I wonder if it is even worth while. If small claims court does work...maybe more of us may go that route, also.
https://complaints.donotcall.gov/com...aintcheck.aspx
I've come across the info on how many tens of thousands complaints have been filed against some of these scammers (Rachel?).

And when they do actually take some one to court, the fines are laughable ($10,000?), and usually dismissed as the defendant supposedly has no money (it's all sheltered). Toothless.

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Old 09-12-2014, 07:39 PM   #12
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I'll let you know how it progresses.
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Old 10-06-2014, 02:16 PM   #13
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UPDATE: As half way expected, I received no response from the demand letter. I filed a claim in small claims Court (this court applies in my state for this type of claim) this morning, and was told I will receive a letter with my court date in about a week. Was told the date would be 4-6 weeks out.

Will update again once that happens.
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Old 10-06-2014, 03:35 PM   #14
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Still interested in the outcome. Good luck!


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Old 10-06-2014, 03:40 PM   #15
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Very curious about this
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Old 10-06-2014, 03:42 PM   #16
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So your out of pocket expenses will be the small claims court fees and paying to have the company served?
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Old 10-06-2014, 03:43 PM   #17
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Just did a quick search and found an article about how to sue:

Quote:
PrivacyStar, a caller ID and blocking service, keeps track of the top trending phone numbers telemarketers are calling from. Click here to see that list. If you see the phone number of “your” telemarketer on the list, that means the company is bugging lots of other people too, and filing a lawsuit could help you personally, plus be a good deed for all of “phone-kind.”
http://abcnews.go.com/Business/make-...940id=24624940

I just choose to not answer any calls where I don't recognize the number. Even one step further, ordered a call blocker (still waiting for it to arrive).
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Old 10-06-2014, 03:58 PM   #18
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So your out of pocket expenses will be the small claims court fees and paying to have the company served?
I do not have to serve papers in my state. The court will mail the notices, My out of pocket is the filing fee, the certified letter expense, and the cost of any copies of documents I make.
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Old 10-08-2014, 09:24 AM   #19
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I am watching this closely, too. Not much expense on your part other than time. If you file enough and win a few, that could set a precedent.
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