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Old 10-05-2006, 08:21 PM   #1 (permalink)
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Anyone ever sue a telemarketer?

I have been on the DO NOT CALL list for over a year now.
Last night I got a phone call, didn't answer,and they did not leave a message. I traced the number and it is a telemarketer.
I called them up,told them I did NOT want them to call me and that I am on a DNC list.
I asked him why he had called me and he said "it was to renew a subscription." I said "WHAT MAGAZINE?" He said "He did not know"He also said that he could call me as I had previously been a customer of the magazine. DUH!!
I thought he did not know WHAT magazine.
I did lodge a complaint with FTC,but I would like to file suit, and wondering if a small claims docket would be fine as it is so easy.
I think it is a $1,000 violation.
So has anybody sued?
ILMD
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Old 10-05-2006, 08:23 PM   #2 (permalink)
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Just being on a DNC list does not mean you will never hear from a telemarketer. And one instance is not something that a court is likely to find persuasive from a punitive standpoint. Remember, most of those statutes tend to be like the FDCPA- UP TO X amount, not a guaranteed night on the town...
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Old 10-05-2006, 08:27 PM   #3 (permalink)
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And if it's a company you've done business with (or they're calling for that company) they can call you.

It may be that they call for a bunch of magazines, and he didn't have the specifics of what magazine because you called them. Since they didn't leave a number it's pretty sure that they're not set up for handling callbacks.

I'd forget it.
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Old 10-05-2006, 08:28 PM   #4 (permalink)
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Just being on a DNC list does not mean you will never hear from a telemarketer. And one instance is not something that a court is likely to find persuasive from a punitive standpoint. Remember, most of those statutes tend to be like the FDCPA- UP TO X amount, not a guaranteed night on the town...
I know that, and I also know that Non Profits can get away with calling you. I filed the complaint as who knows,they might be complained about a lot,and I keep a journal of phone calls so IF they call again when TOLD not to, then I can have some fun.

I have been home for the last several weeks sick ,so I am thinking up all sorts to amuse myself.; )

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Old 10-05-2006, 08:34 PM   #5 (permalink)
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And if it's a company you've done business with (or they're calling for that company) they can call you.

It may be that they call for a bunch of magazines, and he didn't have the specifics of what magazine because you called them. Since they didn't leave a number it's pretty sure that they're not set up for handling callbacks.

I'd forget it.
I know that I do not have any subscriptions that need updating and I also NEVER use my private line as I just do not give out that phone number,so I do believe it was not a magazine I subscribe to, as I only subscribe to one main stream one and that is the New Yorker, and in the 30 years I have been a subscriber I have never had a phone call to renew.

As for forgetting about it,I know ,but it is fun to ponder different things when you do not have much to do,except be a mean old bitch ; )

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Old 10-05-2006, 09:19 PM   #6 (permalink)
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When it comes to subscriptions, the times they are a changin'...it is not uncommon to renew and within a month or so to start getting additional renewal notices. One of the reasons I went ahead and did the life subscription to Rolling Stone was to quit getting the monthly junk mail...well, that and the fact that since I already had about 600 issues, I figured I would get my money's worth
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Old 10-05-2006, 10:27 PM   #7 (permalink)
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It can be done, but it will entail much work and investigating.

TCPA
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Old 10-07-2006, 08:46 AM   #8 (permalink)
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It can be done, but it will entail much work and investigating.

TCPA
Thanks roybean I will read that and I found this which was entertaining.
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http://www.panix.com/~eck/telemarket.html
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Old 10-07-2006, 04:06 PM   #9 (permalink)
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ILMD, that is a great link.

When you go to the site, at the bottom is a list of all kinds of resources for locating businesses (or people) and information about them.
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Old 10-07-2006, 09:34 PM   #10 (permalink)
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ILMD, that is a great link.

When you go to the site, at the bottom is a list of all kinds of resources for locating businesses (or people) and information about them.

Yeah I thought it had some good info,ESPECIALLY for your area : )
Tonight was my first night out of the house except going to the Doctor's in almost THREE WEEKS, so the first thing I did was go eat some fries and a cheeseburger.
Mmmmmmmm that junk food sure tasted good!
A good thing about being sick was the DRUGS and I lost about 10 pounds, and now I am lookin good ; )
Oh and I had some great fun as I went to my friends home and got to talk to a bill collector and tune him in on WHY he was not going to get any money from my friend the widow concerning her husbands debt.
So great to be OUT AND ABOUT!!!!
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Old 10-07-2006, 09:55 PM   #11 (permalink)
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I've been known to sue fax spammers
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Old 10-07-2006, 10:13 PM   #12 (permalink)
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I've been known to sue fax spammers

VERY interesting.
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Old 10-07-2006, 10:15 PM   #13 (permalink)
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.
So great to be OUT AND ABOUT!!!!
ILMD
I'll drink to your being out and about!
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Old 10-07-2006, 10:21 PM   #14 (permalink)
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I'll drink to your being out and about!
Well thank you very much!
I'll have another cognac...

CHEERS!
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Old 10-07-2006, 10:26 PM   #15 (permalink)
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VERY interesting.
ILMD
It can be a quick $250-$500, depending on how I want to settle.
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Old 10-08-2006, 12:18 PM   #16 (permalink)
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I hate to point you over to DB but Kindroxx sued telemarketers and his stuff is on the DB site. Worth a look. I will email him and see if he'd like to join here and impart his wisdom...As a matter of fact, I have all his stuff as well and if Qtip would like, IC can put it up after I get Kindroxx's permission as I will ask when I email him. Have mid-terms this week so it will be at least a week before I will have time to dig it all out of archives...
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Old 10-11-2006, 02:02 AM   #17 (permalink)
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if they ask too many questions or talk too much... i just hang up