• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Small Claims against telemarketers?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Technetium

Junior Member
What is the name of your state? Massachusetts

I've been reading a bit about this and well, I have had my phone number on the National Do Not Call registry for years, yet I get a couple telemarketing calls every day. My previous solution had been to just install a call blocking app on my phone that has a blacklist of known spam numbers. But why do that if I can just sue them and make some money from it? There are numerous articles out there by people who are doing this practically full-time.

What I have read is basically (and correct me if I'm wrong about anything):
1. If I'm on the National Do Not Call list and have been for more than a month, it is their responsibility to know not to call me. I do not have to have told them before.
2. It's a $500 fine per violation. If the judge determines that the company willfully ignored removal of my number when they knew I did not want to be called, it can be tripled. The filing fee is $40 at that level, and doesn't increase much beyond that.
3. I will need to get the name of the business, their phone number, and their mailing address in order to complete the form to file with the Small Claims Court.
4. I don't need a lawyer for small claims, so the $40 fee is basically it for my own expenses.

My question is this... how do I get the information I need if they just hang up when I ask? The number is not usually a problem (although it should be noted that you can spoof phone numbers and if it's a scammer they may well be doing that).

I had a call earlier today that evaded my call blocker, trying to sell small business loans. The guy on the phone gave me a name of the business (sounded pretty generic and might be made-up) and his name, and I was able to get the phone number from my caller ID, but I neglected to ask where his business address was. I googled the phone number location and got it as specific as being in Augusta, NC. So I probably messed this one up, but in all likelihood he would not have given me the address. As it was, I told him that I was on the DNC list and he hung up.
 
Last edited:


BL

Senior Member
In my area if you get 5 or more of these types of calls and you have requested them not to call and remove your information and phone # , then you can file a complaint with your phone Co. This is for landline , I don't know about cell or smart phones.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top