Suing a telemarketer

[CornMuffin]

What is the name of your state (only U.S. law)? PA

Over the past year I have gotten many unwanted calls from (indirectly) a non-essential utility company. In May, I called the utility company and had them put note on my file that I wish to not be contacted about anything sales, as I already have everything I wanted. It lasted a few months, but I occasionally still got a call. I simply never picked up and hoped it would go away.

Over the past week, they have been calling on average more than once a day (a few days 2+ times). 3 days ago, I called the utility company and inquired why they are calling me. They had no idea. Yesterday, I decided to finally pick up. I asked the woman what her name was and what company she *actually* worked for (figuring this was some third party telemarketing firm). She gave me the information and I told her I had specifically told my utility company I didn't want ANY sales calls. She then informed me "Yes, I see that right here on your file". She immediately tried to wrap up the conversation, and in the middle of a sentence dropped the call.

I would like to add, this is a cell phone that is on the do no call list.

As best as I can research, here are the laws violated:
- 47 U.S.C. 227(b)(1)(A)(iii) prohibits calling cell phones
- 47 U.S.C. 227(b)(3) provides consumers harmed by violations of the TCPA with the right to sue the violator for $500 per violation. If the violator knowingly broke the law, the court can order them to pay up to triple damages
- 47 C.F.R. 64.1200(c)(2) prohibits calling any number on the national Do Not Call list
- 16 C.F.R 310.4(b)(iii)(A) prohibits calling anybody who has previously asked not to be called

My questions are:
- What should I keep/discover evidence wise? Currently I have the past 3 days worth of records on my cell phone and the reports I made to my utility company. I do not have record of every violation.
- Should I contact the telemarketing company and try and settle or just take this to court?
- How can I actually find the telemarketing company? When searching for them, I find TelemarketingCompany Inc, TelemarketingCompany Corp, TelemarketingCompany LLC, etc. I contacted my utility company trying to be directed to the department that deals with these third party sales people, but now I am getting ignored, no calls returned, and put on hold indefinitely. The telemarketing company calls with the utility companies phone number.
- What can I actually sue for? As in, at least over the past few days, every call violated 4 laws. Do I sue for each law violated or each call?

Thanks

 

[BL]

Have you signed up for DO NOT Call ?

Look it up.

You call report them to the FCC .

You can call your phone Co. and file a harassment complaint .

Keep track of dates and times. They may be able to trace.

Once they do ,they/you can file a formal harassment report with law enforcement .

I think there's a fine they can be accessed .

I believe you can also be awarded either $1,000.00 or $3,000.00 for each call.

Get your phone#s on the DO NOT Call list.

If you do not want Junk mail , you can also OPT OUT .

Look it up.

 

[CornMuffin]

I am on the do not call list

The telemarketing company is calling through with caller id identification of the utility company. Can the phone company still help? Which company? The last time I needed phone records from verizon, they charged me some enormous fee for such record lookup. This is a net10 prepaid phone.

Thanks

 

[BL]

I am on the do not call list

The telemarketing company is calling through with caller id identification of the utility company. Can the phone company still help? Which company? The last time I needed phone records from verizon, they charged me some enormous fee for such record lookup. This is a net10 prepaid phone.

Thanks

I'm not familiar with cell phone harassment .

1) call them to ask about there telemarketing harassment proceedures.

2) Call the FCC and file a complaint.

Doesn't your phone allow you to block?

 

[CornMuffin]

This is a "stupid" phone, so there is no ability to block a number on this phone. That is a terrible way to address a telemarketer anyway as they quite often spoof the number they are calling from.

A complaint with the FCC has been filed.

I want to sue these people. That is the advice I am looking for help with

 

[disneykid52]

This is a "stupid" phone, so there is no ability to block a number on this phone. That is a terrible way to address a telemarketer anyway as they quite often spoof the number they are calling from.

A complaint with the FCC has been filed.

I want to sue these people. That is the advice I am looking for help with

I use a flip phone so its far from "smart" but I can log onto my carrier's website and enter phone numbers to block and within seconds the number(s) are blocked. Even if I try to call the blocked number it wont let me.

 

[CornMuffin]

I've located the actual company and the names of the owners. However multiple addresses exist. What is the best way to send them certified mail/papers?

 

[BL]

I've located the actual company and the names of the owners. However multiple addresses exist. What is the best way to send them certified mail/papers?

Gee , I just got a call fer life insurance .

Think I'll jump on this once in a while violator .

 

[CornMuffin]

Gee , I just got a call fer life insurance .

Think I'll jump on this once in a while violator .

Once in a while is inaccurate. 6 calls last week alone. All made knowing I had already requested I not be called (as per original post). These are the scum of telemarketing and I will take my bite.

I would appreciate some legal guidance. Even if it is a "read this and understand that"

Thank you

 

[BL]

Once in a while is inaccurate. 6 calls last week alone. All made knowing I had already requested I not be called (as per original post). These are the scum of telemarketing and I will take my bite.

I would appreciate some legal guidance. Even if it is a "read this and understand that"

Thank you

You received advice .


2) Call the FCC and file a complaint.

Pile on some more ...

 

[eerelations]

You were also told how you can block their calls.

But wait - you're not interested in stopping all this! You want to go to all the trouble and expense of suing them - even if it means continuing to have to take their calls!

Sorry, you won't be winning the lawsuit lottery any time soon on this one. (Hopefully something else will come up soon that'll be more lucrative.) This is mainly because they're not doing anything illegal to you. While they are breaking an FCC rule, that rule is not your rule, it's the FCC's - which means the FCC can sue them if it so wishes, but you can't.

 

[justalayman]

sorry to tell you this but since the entity calling is an entity you are doing business with the do not call list is meaningless. That is one of the exceptions allowed.


if the company you are doing business with is acting in a manner you do not enjoy, tell them by taking your business elsewhere.

You have no lawsuit available.



another way to effectively block the call, if they are calling from the same number is to enter that number into your contact list and set their ringtone to silent. The will call. It will register as a missed call but since the ringer is "silent", you can ignore them without even realizing they called.

 

[CornMuffin]

You were also told how you can block their calls.

Ok, I'm considering this thread done. FCC was contacted (as per third post). I can't block numbers on my phone. The website does me no good as I used throwaway information, including an email address to register the phone eons ago ( shouldn't even need to explain this). The point is moot as I came here for advice on legal proceedings and all I am getting is "Look at my left hand!" when I want to talk about the right.

 

[racer72]

The do not call list does not apply to companies you have a business relationship with. Your FCC complaint will go nowhere.

 

[BL]

Ok, I'm considering this thread done. FCC was contacted (as per third post). I can't block numbers on my phone. The website does me no good as I used throwaway information, including an email address to register the phone eons ago ( shouldn't even need to explain this). The point is moot as I came here for advice on legal proceedings and all I am getting is "Look at my left hand!" when I want to talk about the right.

As was said ,IF you do business or agreed to 3rd party or beyond , they have a right to contact you.

Meaning , if you tell the original contact , the rest associated has no violation , unless or until you let them know ,and receive a code , or otherwise # indicating so.

You sign up for one , and fine print may tell you also " partner".