NorCalAthlete
O_o
Not sure you guys will be able to see this if you're not a calguns member already, but as far as telemarketers go...
Once again, for the THIRD TIME, I find it necessary to address, in writing, your intrusive, illegal telemarketing activities.
To remind you of our past history –
On July 31, 2007, I presented a bill for $1500 for your telemarketing violations. At that time, your xxxx xxxxxx replied, in writing (copy attached), with
“...your letter was our first notification from you and rest assured you have already been placed on the DNCL and will not hear from us again.”
The calls did not stop. On October 7, 2007, I presented a bill for $2500 reflecting the continued violations after my first letter, and after your written assurance that the calls would stop.
After the second bill, for $2500, the calls stopped – temporarily, as it turned out – and I elected to drop prosecution of this case, as it appeared you had finally gotten the message. That was however not the case.
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(Here's the part you guys can google -- the specific Federal statutes. I've bolded the important bits from Federal law for this post).
Once again, I refer you to my previous letters and the Telephone Consumer Protection Act (TCPA) of 1991, 47 USC § 227, and 47 CFR §64.1200, specifically 47 CFR §64.1200 (c)(2):
(c) No person or entity shall initiate any telephone solicitation to:For your information, I have been in the Federal Do Not Call Registry, without interruption, since two days after its inception on June 27, 2003 (see attached). As of today, the Do Not Call Registry reports that:
(2) A residential telephone subscriber who has registered his or her telephone number on the national do-not-call registry of persons who do not wish to receive telephone solicitations that is maintained by the Federal Government. Such do-not-call registrations must be honored indefinitely, or until the registration is cancelled by the consumer or the telephone number is removed by the database administrator.
You successfully registered your phone number ending in xxxx on June 29, 2003. Most telemarketers will be required to stop calling you 31 days from your registration date.
In addition, 47 CFR §64.1200 (d)(6) states
Maintenance of do-not-call lists. A person or entity making
calls for telemarketing purposes must maintain a record of a consumer's
request not to receive further telemarketing calls.
Under 47 USC § 227 (c)(5)(B),
A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection may, if otherwise permitted by the laws or rules of court of a State bring in an appropriate court of that State — an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater
I am applying the Federal law’s statutory minimum damages of $500 per violation for a total of $7000, and present the attached bill. This represents $2500 from your violations of 2007, plus $4500 for violations from February to September 6, 2012.
And again: Failing satisfactory response on your part to this bill, I will exercise my options under the above Federal laws, and the right to private action granted therein. If I am forced to file suit, I will ask for triple damages per violation, per 47 USC § 227 (c)(5)(C):
If the court finds that the defendant willfully or knowingly violated this
subsection or the regulations prescribed under this subsection, the court may, in
its discretion, increase the amount of the award to an amount equal to not more
than 3 times the amount available under subparagraph (B) of this paragraph.
Upon conclusion of the court proceedings, regardless of outcome, I will forward the complete dossier of these violations and our communications to the Federal Trade Commission, both in Washington, DC and their Western Region Office in Los Angeles; and to the office of the California Attorney General.
Sincerely,
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The "Do Not Call Registry" is pretty much useless for reporting. Make sure your phone number is ON the registry and get a printout (they send you an e-mail) to confirm when you joined. See the above nastygram, after the SECOND call you have "right of private action" in small claims court, to the tune of $500 per violation. You can pack on more violations; with your certified-letter bill, include a demand for a written copy of their do-not-call policy as required by law. They will most likely blow that off too. Add $500 to the lawsuit.
What the DNC registry does is lay the grounds for your own enforcement.
If the callers have a physical presence near you, you're in luck. You now have an office that can be served with bill, and court papers. If they are an offshore scammer or out-of-state "credit card refinancing" operation, you're out of luck. The best targets for this sort of enforcement action are the "home improvement" operators, or any operation that requires their physical presence at your house (DO NOT LET THEM IN!!! Meet them outside -- to get details, business card, biz license or contractor number).
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Oh. How to find the operation. Get them talking. Be interested. Set up appointment. Get business card (evidence that they visited) and contractor's license and actual corporation name (not necessarily what they tell you on phone). Look up that corporation on the California Secretary of State's Business Portal to find the "agent for service of process." That's who gets the court papers.