CornMuffin
Junior Member
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
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