Telemarketers

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Have heard many instances where individuals have been able to take financial action against telemarketers--what is the best and easiest way to do this?

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Is your number on the national donotcall registry? If not, your number is fair game.
Are they legitimate telemarketers? As in, a real, US-based business. If not, you won't be able to collect.
Do you have a prior business relationship with whoever is telemarketing to you? If yes, they can call you if you didn't opt out.

If you answered yes-yes-no, google "sue telemarketer". Most of the time you sue for violations of the TCPA and can get statutory damages for each violation. Best is probably to do it yourself, easiest might be to hire a lawyer. You'll have to keep good notes of what happened either way.

Scripts, a few points of clarification, your number doesn't have to be on the national or state dnc to have standing to sue.

The prior existing business relationship went out the window in 2013 or so. That won't stop a tcpa suit.

Many us business hire foreign telemarketers to pitch for them. Courts have said if you hire someone to break the law for you, you are just as liable for any violations as the foreign business.

I wrote something on enforcing the TCPA on fatwallet

When and where?

Most of my annoying calls these days are of the IRS-scam, int'l pharmacy or credit card scam variety. Don't think they care about do-not-call and don't think you could get a judgment against them.

BostonOne said:   Most of my annoying calls these days are of the IRS-scam, int'l pharmacy or credit card scam variety. Don't think they care about do-not-call and don't think you could get a judgment against them.
  Another annoying group of calls are from non-profits and political groups. The Red cross has been relentless lately. I believe these groups are exempt from following the do not call list.

I am getting swamped with solar panel and student loan deduction companies.

There are a ton of businesses and groups using Robocalls.

The IRS scammers would be hard to find. I have sued someone who used a Rachael w card services call.

It all depends on your level of effort

Non profits can't use an atds or pre recorded message to call a cell phone period

fwuser12 said:   
BostonOne said:   Most of my annoying calls these days are of the IRS-scam, int'l pharmacy or credit card scam variety. Don't think they care about do-not-call and don't think you could get a judgment against them.
  Another annoying group of calls are from non-profits and political groups. The Red cross has been relentless lately. I believe these groups are exempt from following the do not call list.

 When I have asked non-profits to take me off their call list, that's worked for me.

Most of mine are from solar companies. In any case, I would love to try to do it without a lawyer if possible.

I'm all for the penalty for telemarketers violating Do Not Call being increased to death. Quick executions too. Write your congressman/congresswoman!

I wish there is a way to stop these telemarketers. I am on the do not call list and I file do not call complaint almost each time when called me. I would get 1 or 2 calls a day for some clean energy initiative (solar company trying to sell solar panels), home renovation (like I would do business with some stranger over the phone), lower mortgage interest. 

I wish there is a way to stop these telemarketers. I am on the do not call list and I file do not call complaint almost each time when called me.

There is, sue them. Complaining on the internet isn't going to do it.

codename47 said:   Scripts, a few points of clarification, your number doesn't have to be on the national or state dnc to have standing to sue.

The prior existing business relationship went out the window in 2013 or so. That won't stop a tcpa suit.

Many us business hire foreign telemarketers to pitch for them. Courts have said if you hire someone to break the law for you, you are just as liable for any violations as the foreign business.

I wrote something on enforcing the TCPA on fatwallet

  Still working at WalMart with your TCPA millions?

I get political surveys all the time, and my understanding is there is nothing I can do about it. Naturally the politicians carved them out the ability to do what they want.

I had a nice conversation the other day with a gentleman who was concerned about my computer being infected with a virus.
He was even offering to remote into it and fix the problem for me.
The conversation took an ugly turn when I explained to him, in great detail, how much I enjoyed spending time with his mother....

VicVinegar said:   I get political surveys all the time, and my understanding is there is nothing I can do about it. Naturally the politicians carved them out the ability to do what they want.

I get suspicious of these "surveys" as a way to get around Do Not Call.

I've yet to get a survey asking if my carpet needs cleaning, but it's coming.

It seems like it would be rather difficult to sue a telemarketer when they are making it more difficult to even determine who they are... spoofing non-existent phone numbers and the like. I have been getting bombarded lately ever since I bought a couple of new domain names from GoDaddy.

Dus10 said:   It seems like it would be rather difficult to sue a telemarketer when they are making it more difficult to even determine who they are... spoofing non-existent phone numbers and the like. I have been getting bombarded lately ever since I bought a couple of new domain names from GoDaddy.Don't give real information to the public whois record. It may not be as easy as before they started regulating it, but it's not impossible. Or pay a bit extra for domain privacy.



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