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Anyone ever sue a telemarketer?
09-10-2014, 09:27 PM
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#1
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Full time employment: Posting here.
Join Date: Mar 2008
Posts: 968
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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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09-10-2014, 09:37 PM
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#2
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Moderator Emeritus
Join Date: Apr 2011
Location: Conroe, Texas
Posts: 18,735
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Quote:
Originally Posted by bizlady
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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Just curious, but who would get served the court order by the sheriff if you don't get the $500 ?
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09-10-2014, 10:07 PM
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#3
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Thinks s/he gets paid by the post
Join Date: Feb 2011
Location: West Tx
Posts: 1,392
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I want to know how this turns out.
Sent from my iPad using Early Retirement Forum
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09-10-2014, 10:14 PM
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#4
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Thinks s/he gets paid by the post
Join Date: Jan 2010
Location: 5-sided building
Posts: 1,184
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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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09-10-2014, 10:54 PM
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#5
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Full time employment: Posting here.
Join Date: Mar 2008
Posts: 968
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Quote:
Originally Posted by aja8888
Just curious, but who would get served the court order by the sheriff if you don't get the $500 ?
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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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09-11-2014, 08:07 AM
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#6
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Sep 2005
Location: Northern IL
Posts: 26,899
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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.
-ERD50
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09-11-2014, 08:31 AM
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#7
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Thinks s/he gets paid by the post
Join Date: Jan 2010
Location: 5-sided building
Posts: 1,184
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Quote:
Originally Posted by bizlady
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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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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09-11-2014, 04:20 PM
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#8
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Moderator
Join Date: Dec 2007
Location: Eastern WV Panhandle
Posts: 25,346
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Quote:
Originally Posted by Ally
I want to know how this turns out.
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+1
Please do let us know.
__________________
When I was a kid I wanted to be older. This is not what I expected.
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09-11-2014, 07:31 PM
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#9
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Recycles dryer sheets
Join Date: Dec 2013
Posts: 390
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Quote:
Originally Posted by HawkeyeNFO
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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Election time in Japan is always a hoot.
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09-12-2014, 05:34 PM
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#10
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Thinks s/he gets paid by the post
Join Date: Apr 2006
Location: Columbia, SC
Posts: 1,132
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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 either want less corruption, or more chance to participate in it." Ashleigh Brilliant
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09-12-2014, 06:09 PM
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#11
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Sep 2005
Location: Northern IL
Posts: 26,899
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Quote:
Originally Posted by Redbugdave
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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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.
-ERD50
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09-12-2014, 06:39 PM
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#12
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Full time employment: Posting here.
Join Date: Mar 2008
Posts: 968
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I'll let you know how it progresses.
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10-06-2014, 01:16 PM
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#13
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Full time employment: Posting here.
Join Date: Mar 2008
Posts: 968
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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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10-06-2014, 02:35 PM
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#14
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Thinks s/he gets paid by the post
Join Date: Feb 2011
Location: West Tx
Posts: 1,392
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Still interested in the outcome. Good luck!
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10-06-2014, 02:40 PM
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#15
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Recycles dryer sheets
Join Date: Oct 2013
Posts: 265
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Very curious about this
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10-06-2014, 02:42 PM
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#16
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Moderator
Join Date: Apr 2012
Location: San Diego
Posts: 14,212
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So your out of pocket expenses will be the small claims court fees and paying to have the company served?
__________________
Retired June 2014. No longer an enginerd - now I'm just a nerd.
micro pensions 6%, rental income 20%
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10-06-2014, 02:43 PM
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#17
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Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Jun 2008
Posts: 13,150
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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.”
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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).
__________________
Have you ever seen a headstone with these words
"If only I had spent more time at work" ... from "Busy Man" sung by Billy Ray Cyrus
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10-06-2014, 02:58 PM
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#18
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Full time employment: Posting here.
Join Date: Mar 2008
Posts: 968
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Quote:
Originally Posted by rodi
So your out of pocket expenses will be the small claims court fees and paying to have the company served?
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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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10-08-2014, 08:24 AM
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#19
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Thinks s/he gets paid by the post
Join Date: Apr 2006
Location: Columbia, SC
Posts: 1,132
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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.
__________________
"I either want less corruption, or more chance to participate in it." Ashleigh Brilliant
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