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Conference waylay::askenet_v5

Title:Ask The EasyNet (V5)
Notice:Don't ask about notes conferences here - see 1.2
Moderator:WAYLAY::GORDON
Created:Mon Apr 13 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1236
Total number of notes:9997

1236.0. "Sueing a telemarketing company?" by SSAG::SUSSWEIN (never confuse having a career with having a life) Tue Jun 03 1997 19:18

    Has anyone here successfully sued a telemarketing company?  My
    understanding is that you can collect up to $1000 if the same company
    continues to call after you've asked to be placed on their "do not call
    list".
    
    If anyone has done this, I'd like to talk to you.
    
    Steve
    
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1236.1JAMIN::WASSERJohn A. WasserThu Jun 05 1997 17:3113
> Has anyone here successfully sued a telemarketing company?  My
> understanding is that you can collect up to $1000 if the same company
> continues to call after you've asked to be placed on their "do not call
> list".

	The minimum is $500, the maximum is $1,500. That is PER CALL.

	See:

		http://www.nolo.com/nn199.html

	I have not tried this, I just let my answering machine answer 
	the phone and listen for a familiar voice.
1236.2ALFSS2::MITCHAM_AAndy in Alpharetta (near Atlanta)Thu Jun 05 1997 19:5585
    I extracted the following from http://www.saxton.org/telemarket/tips.html.
    Some punctuation changes were made by myself to make it more readable.
    
    -Andy
                       ------------------------------
    
    		Tips on Receiving Funds from Telemarketers
    
    This information is based on one person's experiences. Your success may
    vary. 
    
    Things to be aware of:
    
    Chances are you won't be able to recover anything if the only violation
    is the telemarketer's failure to provide an address or phone number;
    wait for the second call before asking for payment.
     
    Consider settling for a reduced amount. You may get less money than
    you're entitled to, but could avoid having to actually sue to receive
    anything. Usually when there is a violation, the company knows it's in
    the wrong and is pretty sure it will lose in court. They want to avoid
    the legal costs and time involved, but mainly they want to avoid
    adverse publicity. So they're usually willing to settle out of court
    for a reduced sum. Getting any payment from a company is painful for
    them, and if enough people collect, telemarketing would become too
    expensive and the industry would disappear. 
    
    There is a small loophole in the law that states that if a company
    calls a second time, they can use as an excuse that it was an
    inadvertent mistake. In cases that do go to court, usually the judge
    admonishes the company to be more careful, but the plaintiff loses.
    However, if the same company calls a third time, then it's obvious that
    the second call wasn't an inadvertent mistake, and the plaintiff can
    usually collect for the second and third calls. 
    
    Violations to watch for:
    
    When you receive a written copy of a do-not-call policy, check to see
    what they require for a customer to be put on the do-not-call list. If
    it requires your address, that's a violation -- it's excessive
    information; they can only require a name and phone number. 
    
    Suggestions for contacting the telemarketing company:
    
    Your first step would be to write a formal business letter to the
    president of the company, stating that this letter is a formal claim
    for $XXX (state the amount you're claiming) for violations of the
    Telephone Consumer Protection Act of 1991. 
    
    -  Set forth all of the particulars of the calls, including dates, times,
       the name of the person/people who called, names of any supervisors you
       spoke to, the date you requested to be put on the do-not-call list, and
       anything else you feel is pertinent. 
    
    - Tell them how you arrived at the amount you're claiming -- remember,
      $500 for each violation. 
    
    - If you're willing to settle for a reduced amount, let them know that
      you're willing to negotiate. 
    
    - Give them a reasonable amount of time to fork over the money (like 3
      weeks). 
    
    - Tell them if you haven't received the money by the deadline, that
      you'll report the violations to the Federal Trade Commission, the
      Federal Communications Commission, your State Attorney General, and
      your local Office of Consumer Affairs; and that you will seek redress
      in Small Claims Court. 
    
    - Send the letter Certified Mail, Return Receipt Requested. 
    
    - Be sure to ask for a written copy of the company's do-not-call policy
      in your letter. Failure to provide it can net you another $500.00. 
    
    You may be required to sign a release before you can receive the
    payment. Read it carefully and make sure you are willing to agree to
    its terms before you sign. Feel free to change anything you don't like.
    Make sure the release has an expiration date -- if you haven't received
    the $$$ by that date, then the release is void. If they don't agree to
    the changes, then you won't have a settlement; but you can still sue.
    Tell them that if they don't meet your terms, you'll feel free to
    publicize the incident in the media. 
    
    
    Last updated on January 25, 1997.