telemarketing

[Dan Florio]

Can I sue a company (AT&T) for harassment. I have recieved about 10 telemarketing calls and requested my name to be removed from there call list on each call.This has been going on for about 1 year. What legal action can be taken against this type of harassment in the state of New Jersey.

 

[cbg]

Start by requesting IN WRITING to be put on the "no call" list.

 

[sirhibernac]

It's not just New Jersey

It's not just New Jersey that is covered but all states under federal law prohibit telemarketers from continued calling after you have requested to be taken off of the calling list. I had a similar situation from dealing with Discover card. I had requested three seperate times over a period of a few months that they not call me anymore and remove my name from the calling lists. The next time they called I asked immediately to speak to the head manager of the call center. I bitched at the manager for getting another call and explained that I had requested that my name be removed from the lists already three times prior. She attempted to explain to me that some of the calls may have been from "other" call centers and that they may have different calling lists. I then promptly told her that if I ever...and I stressed very hard the word ever.....recieved another call from anyone about a discover card that I would sue the hell out of them and they would hear a phone call from a lawyer. It got the point across to them and I haven't gotten a solicitation from them yet. Points to take down in order to help you in your favor too....

1. Always ask for the person's name and write down the day you talked to them and the time. By asking the person for there name and making sure they get the point that you are writing it downi informs them that you are documenting the information about what is being said and they are more likely to complie with the request not to be called again.

2. If possible, record your conversation with the telemarketer so you have the actual conversation documented. If you live in a state that prohibits recording of conversations without the other party's consent then let them know first before doing so so you cannot be held liable.

3. Goto the Federal Trade Comission's website and do some research on the telemarketing laws so you have some hardcore info to "remind" the telemarketer of so they can be aware that YOU are aware of their do's and don'ts.

Hope this helps.

 

[JETX]

Your comparison of debtor calls to the writers 'telemarketing' calls isn't valid. They are two entirely separate things. Yours (debtor calls) is regulated by the FDCPA, telemarketing calls aren't.

Federal regulations already give you the right to tell callers not to call you again, but enforcement has been light. Here is the link to the applicable FTC site on actions to take against telemarketers:
http://www.ftc.gov/bcp/menu-tmark.htm
And for New Jersey: http://www.bpu.state.nj.us/

As for the original questions:
Q1) "Can I sue a company (AT&T) for harassment."
A1) Of course you can sue them... for almost anything. The real questions are: is it practical considering the cost and ordeal? No. And, would you prevail if you did sue? Probably not.

Q2) "What legal action can be taken against this type of harassment in the state of New Jersey."
A2) I have done a cursory review of the New Jersey Utility regulations and there appears to be little NJ specific processes available. This means that your actions would rely on federal law. And as noted above, that is very seldom enforced. The only real option you have is to file a complaint with the FTC (Federal Trade Commission) at: http://www.ftc.gov/

 

[sirhibernac]

HUH?

I never made a comparison of debtors calls to telemarketing. I was being solicited by Discover for pre-approved credit cards. This DOES fall under the FTC rules of telemarketing engagement. What I said IS a valid statement. Here is the link directly to the specific rules that telemarketers are supposed to follow, and as consumers we are in every right to remind them of.

http://www.ftc.gov/bcp/telemark/rule.htm

Specifically section 310.4 of the FTC rules for telemarketing. "Abusive telemarketing acts or practices"

 

[justathought]

AT&T=aaaarrrghhh!!

You want to know what happened after the umpteenth time I asked to be removed from their call list?

They finally stopped calling the house... then they started calling my cell!!!

Go figure?!

 

[driftbuster]

this is no joke, the cemetery i was running. recieved a call for mr x from marketers. after several calls i realized i had buried him in the last 12 months. his wife must of given the cemetery as his new address and phone. When I told one of them he was sleeping and i couldn't wake him. he asked when he could return a call and i said that he was "no longer among the living". funny thing is when you answer the phone xxx cemetery they didn't even get it. I told one guy who called my house selling pantyhose that i thought he was the one having a affair with my wife, i recognized his voice and he didnt fool me. I told someone from mci that didn't have a phone and this was really a pay phone. point is you can have fun with it, because they will not stop calling otherwise.