DO NOT GET MAD GET EVEN!!!!!!!!!!
WHEN THEY CALL ACT LIKE YOU ARE INTERESTED BOOK AN APOINTMENT AND SEND THEM SOMEWARE ELSE LIKE ANOTHER CITY, A VACANT LOT, POLLICE STATION, TO YOUR EX WIFES HOUSE ETC. (BE CREATIVE!) I HAVE DONE THIS IT LEADS TO HOURS OF FUNâ�¦FOR YOU!
WE DO NOT WANT TO ARGUE WITH YOU JUST STOP CALLING US OR YOU WILL BE SUEDâ�¦.. (MAYBE IF ENOUGH PEOPLE SUE YOU AND YOU END UP IN JAIL YOU WILL GET THE MESSAGE) END OF STORY WHY WOULD YOU CONTINUE TO WASTE YOUR TIME PISSING PEOPLE OFF???? YOU WILL NOT MAKE MONEY THIS WAY AND YOU WILL ONLY MAKE YOUR JOB HARDER!!! (STOP BEING SO STUPID!!!!)
I AM QUITE SURE THAT IT IS ONLY A FEW INDEVIDULES THAT ARE DOING THIS THEY ARE MOSTLIKELY THE SPAMERS ALSO!!
(YOU CAN FILE WHERE YOU LIVE BECAUSE THEY ARE DOING BUSINESS WHERE YOU LIVE!)
IF IT IS A ROBO CALL YOU JUST NEED TO SERVE THEM! (THE COURTS HATE THESE THE MOST AND THEY ARE HIGHLEY ILEAGLE!)
WHY DO TELEMARKETERS CONTINUE TO CALL EVEN WHEN MOST PEOPLE DO NOT WANT THEM TO CALL? ANSWER (BECAUSE IT IS PROFITABLE!) THEY DO NOT CARE ABOUT YOU THEY ONLY NEED A SMALL SUCKER LIST!
P.S. THESE FIRMS ONLY HIRE STUPID PEOPLE WHO GET PAID ON COMMISSION ONLY (NO SALE NO $$$$) SO WASTE THERE TIME AS MUCH AS YOU CAN....
THE OWNERS PROMISE THESE STUPID PEOPLE THAT THEY WILL MAKE A LOT OF $$$$ AND THIS NEVER HAPPENS! (ONLY THE OWNERS MAKE $$$ OFF OF YOUR WORK!) STOP DRINKING AND GET A REAL JOB!
As I have not had a chance to fully compile the list of every Small Claims Court in the United States yet, please visit this list until such time. If and when I get my list fully compiled, I shall be including a lot of extra data such as links to the applicable court rules and which courts allow the filing of claims online as mine does.
Suing Telemarketers - Simple and Cheap
When most people think about the process of suing a business entity, they naturally consider it a complicated and expensive process. They consider having to find an attorney who specializes in the particular area of law, the costs for such and weigh it against the potential gain. Forget all that when it comes to suing telemarketers!
For those individuals like me who have successfully prosecuted cases against telemarketing firms, there is little need for an attorney. (A cover-my-posterior caveat: I am not an attorney, so I cannot legally advise you. Whenever you are considering legal action, it is always advisable that you consult an attorney. Personally, I have never needed one when filing claims against telemarketers, but you may wish to consider doing so.) The key is that the best venue for filing suit against a telemarketer is in your local Small Claims Court. The only fees you must pay are the filing fees (varies upon venue and amount, but generally is somewhere around $50) and the fee to perform service of process (anywhere from $10 to $100 depending upon whether or not you have the court serve the telemarketer via certified mail or you have a law enforcement officer or other process server handle such). When the potential gain is thousands of dollars, what is a hundred bucks?
I have personally filed four claims in Small Claims Court against telemarketers. I have been paid on three of them (the fourth was against SBC and they gave me such a runaround on the process serving - BUT they stopped calling) that I let that one slide. Of the three cases where I was paid, the following were the results:
1. Filed a claim against a telemarketing firm based in Florida (Health Benefits Direct) for $1500. This amount was based upon two calls made after I told them to stop calling and their failure to provide me with a copy of their Do Not Call Policy. I settled out of court for $600.00 prior to the trial date.(Initial Cost to me: $55)
2. Filed a claim against a mortgage brokerage firm in southern California (due to settlement agreement, I cannot reveal their name) for $4500. This amount was based upon seven calls made after I told them to stop calling and their failure to provide me with a copy of their Do Not Call Policy and their failure to maintain a Do Not Call List. I settled out of court for $2000.00 prior to the trial date. (Initial Cost to me: $80)
3. Filed a claim against a mortgage brokerage firm in southern California (Country Club Mortgage) for $3500. This amount was based upon five calls made after I told them to stop calling and their failure to provide me with a copy of their Do Not Call Policy and their failure to maintain a Do Not Call List. I received a judgment for the full amount of $3500, plus $60 in court costs. (Initial Cost to me: $60)
So Who Can You Sue and What Can You Sue For?
Who Why Precedent/Law Fine
Creditors if they report your credit history inaccurately Defamation, financial injury US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan Extent of damages incurred by the wronged party as deemed by the courts
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus Protection under the FCRA FCRASection 623. $1,000
Creditors if they pull your credit file without permissible purpose Injury to your credit report and credit score FCRA Section 604 (A)(3) $1,000
Credit bureaus if they refuse to correct information after being provided proof Defamation, willful injury FCRA Section 623CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220June 9, 1997, Filed (D.C. No. 95-cv-01743). Extent of damages incurred by the wronged party, as deemed by the courts
Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days. Consumer protection afforded by the FCRA FCRA Part (A)(5)(B)(ii) $1,000
Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days) Consumer protection afforded by the FCRA FCRA Section 611 Part (A)(1) $1,000
Collection Agency can NOT be BOTHpurchaser and 'assignee'it's one or the other Protection under the FDCPA Gearing v. Check Brokerage Corp233 F.3d 469 (7th Cir. 2000) $1000
Misrepresentations by the collector aboutthemselves or the debtare actionable regardlessof intent Protection under the FDCPA Gearing v. Check Brokerage CorpCacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) $1000
Creditors or collection agencies, and credit bureaus if they try and â��Re-ageâ�� your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer Consumer protection afforded by the FCRA FCRA Section 605(c) Running of the reporting period $1,000
If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus Protection under the FDCPA FDCPASection 807(8) $1,000
Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you) Consumer protection afforded by the FDCPA FDCPA Section 809 (b), FTC opinion letter Cass from LeFevre $1,000
Collection agencies if you have sent them a cease and desist letter and they still call you Consumer protection afforded by the FDCPA FDCPA Section 805 (c) $1,000
Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus Consumer protection afforded by the FDCPA FDCPA Section 809 (b),FTC opinion letter Cass from LeFevre $1,000
Collection agencies if they: - Cash a post-dated check before the date on the check- Cost you money by making you accept collect calls or COD mail- Take or threaten to take any personal property without a judgment Consumer protection afforded by the FDCPA FDCPA 808 Section $1,000
If a collector calls you after 9 PM at night or before 8 AM Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(1) $1,000
Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication. Consumer protection afforded by the FDCPA FDCPA Section 805. (a)(3) $1,000
Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector. Consumer protection afforded by the FDCPA FDCPA Section 805. (b) $1,000
The collection agency can not use any kind of harassment or abuse** Consumer protection afforded by the FDCPA FDCPA Section 806 $1,000
Collector cannot claim to garnish your wages, seize property or have you arrested *** Consumer protection afforded by the FDCPA FDCPA Section 807 $1,000
Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit Consumer protection afforded by the FDCPA FDCPA Section 811 (a) (2) $1,000 Also a good grounds for getting a judgment vacated