What is the name of your state (only U.S. law)?
Massachusetts
Fairly recently my cellphone has been bombarded by a local company. They call, leave voice mails.
In between the unsolicited contact I called them up and told them to stop. I made it a memorable
call for the other party. I would suggest it was enough so she might mention it to her co-workers.
According to Manta they employ a staff of 50-99(more than I 1st thought but Manta can be off).
The service or product they were offering I don't use and never had used. I could make a convincing
case this is so.
I've had this cellphone number for over a year and never heard from them before.
I am registered on the do not call list.
Here's the thing though they called via a landline. Now I should say I never picked up the phone. If I
don't recognize a number I ignore it. There are many robo techniques where numbers are randomly dialed
just to see if someone will pick up. So i have no idea if they incorporated a combination of robo and human
solicitation. That's worth mentioning because companies do try to come up with loopholes until a law is
amended.
So my view point obvious prejudiced is harassment is harassment. What would small claims court think?
would I have any standing to sue them for harassment and violation of my privacy? Would a judge say they
are immune because they manually dialed? As mentioned I can prove I never used the product they were
trying to sell me. I can ask them right now for their do not call manual. Their annual revenue is $50-$100
million. Maximum lawsuit in my state for small claims is $7000($150 filing fee). Their argument will be even if
it could be construed as harassment and a violation of telemarketing laws that they had the wrong number
or were calling a number a former customer gave them. I'd argue you'd stop after you didn't hear back after
a few times. I'd argue when I returned the call to the representative from this company and told her not to
call my number and I spelled my number out she should have removed my number but obviously didn't. These
were multiple people calling me. So I think I could argue the humans no doubt using black AT&T rotary phones
were in fact robotic.
Having said that, does a judge just do I know what you mean but unfortunately the law is not on your side etc etc?
Or how about this, is it worth the $150 investment to see how the company reacts? Will they have a do not call manual?
Will they just want me to go a way? This is chump change to them.
Massachusetts
Fairly recently my cellphone has been bombarded by a local company. They call, leave voice mails.
In between the unsolicited contact I called them up and told them to stop. I made it a memorable
call for the other party. I would suggest it was enough so she might mention it to her co-workers.
According to Manta they employ a staff of 50-99(more than I 1st thought but Manta can be off).
The service or product they were offering I don't use and never had used. I could make a convincing
case this is so.
I've had this cellphone number for over a year and never heard from them before.
I am registered on the do not call list.
Here's the thing though they called via a landline. Now I should say I never picked up the phone. If I
don't recognize a number I ignore it. There are many robo techniques where numbers are randomly dialed
just to see if someone will pick up. So i have no idea if they incorporated a combination of robo and human
solicitation. That's worth mentioning because companies do try to come up with loopholes until a law is
amended.
So my view point obvious prejudiced is harassment is harassment. What would small claims court think?
would I have any standing to sue them for harassment and violation of my privacy? Would a judge say they
are immune because they manually dialed? As mentioned I can prove I never used the product they were
trying to sell me. I can ask them right now for their do not call manual. Their annual revenue is $50-$100
million. Maximum lawsuit in my state for small claims is $7000($150 filing fee). Their argument will be even if
it could be construed as harassment and a violation of telemarketing laws that they had the wrong number
or were calling a number a former customer gave them. I'd argue you'd stop after you didn't hear back after
a few times. I'd argue when I returned the call to the representative from this company and told her not to
call my number and I spelled my number out she should have removed my number but obviously didn't. These
were multiple people calling me. So I think I could argue the humans no doubt using black AT&T rotary phones
were in fact robotic.
Having said that, does a judge just do I know what you mean but unfortunately the law is not on your side etc etc?
Or how about this, is it worth the $150 investment to see how the company reacts? Will they have a do not call manual?
Will they just want me to go a way? This is chump change to them.
