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| Telephone Consumer Protection Act Are you receiving unwanted telemarketing phone calls? Learn your rights! I this forum you will find information regarding the National Do-Not-Call Registry, Automatic Telephone Dialing Systems and Artificial or Prerecorded Voice Calls and more importantly; Actions You Can Take Against Telephone Solicitation Calls Made in Violation of the Rules. Post pertaining to the telephone consumer protection act (TCPA) will be found here... |
08-08-2007, 12:14 PM
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#1 (permalink)
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The One and Only!
Join Date: May 2006
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Merchants Cash 646-747-1397
Lets get the ball rolling, they called today on my cell phone trying to get me to borrow money. How do I go about getting paid 
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08-08-2007, 02:19 PM
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#2 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
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did you record it ? because i know when i asked,...NOBODY HAS OFFERED ANY SUGGESTIONS ON HOW TO RECORD MY CELL CALLS!!!!......but i digress,,this is your thread 
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08-08-2007, 02:19 PM
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#3 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
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i have a playground of bouncy balls that i wanna get rollin as soon as i can figure out how ....
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08-08-2007, 02:38 PM
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#4 (permalink)
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Elite Member
Join Date: Jul 2006
Location: In the land of reality
Posts: 834
Casino Cash: $357490
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Quote:
Originally Posted by Qtip
Lets get the ball rolling, they called today on my cell phone trying to get me to borrow money. How do I go about getting paid 
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Oh boy!!!! I love these kind of posts. How shall I respond?
Let's see:
Nope, can't say that, will get time out.
Cant say that one either.....banned for sure.
How about.....nope, no good, someone may take it literally.
I guess, I don't have any input
Oh wait, how about :
Don't you think anyone who wants to lend you money has problems enough? 
__________________
About Drivel:
Occupation: De facto mod, slayer of Yahoo posts
Location: The land of reality
Interests: Watching television, movies and Roybean litigate
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08-08-2007, 05:32 PM
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#5 (permalink)
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Administrator
Join Date: Nov 2004
Location: Greater DC area
Posts: 7,281
Casino Cash: $1205239
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Quote:
Originally Posted by cracrap
did you record it ? because i know when i asked,...NOBODY HAS OFFERED ANY SUGGESTIONS ON HOW TO RECORD MY CELL CALLS!!!!......but i digress,,this is your thread 
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I think no one knows how to do it if the recorders aren't compatible with your phone. Can you get another type of phone?
__________________
The answer is 42!!
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08-08-2007, 06:11 PM
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#6 (permalink)
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The One and Only!
Join Date: May 2006
Posts: 3,795
Casino Cash: $628332
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I do not think recording is necessary, all you have to show is that they called the cell phone. I would not mind 500 bucks here and there from this type calls.
Quote:
Originally Posted by drivel
Oh boy!!!! I love these kind of posts. How shall I respond?
Let's see:
Nope, can't say that, will get time out.
Cant say that one either.....banned for sure.
How about.....nope, no good, someone may take it literally.
I guess, I don't have any input
Oh wait, how about :
Don't you think anyone who wants to lend you money has problems enough? 
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Mildly amusing, Even a collector must understand that I pay for my cell phone by the minute and this telemarketing companies are supposed to make sure they do not call cell phones. If they call a number on the do not call list they get one chance, calling a cell phone they do not. All kidding aside are you truly that one sided? or are you simply disheartened to see people discussing ways to sue this people? Lets be realistic, this is no different than all the conferences for collection agencies that serve no purpose other than to hone the collector skills.
Last edited by Qtip; 08-08-2007 at 06:19 PM..
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08-10-2007, 10:20 AM
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#7 (permalink)
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Elite Member
Join Date: Jul 2006
Location: In the land of reality
Posts: 834
Casino Cash: $357490
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Quote:
Originally Posted by Qtip
I do not think recording is necessary, all you have to show is that they called the cell phone. I would not mind 500 bucks here and there from this type calls.
Mildly amusing, Even a collector must understand that I pay for my cell phone by the minute and this telemarketing companies are supposed to make sure they do not call cell phones. If they call a number on the do not call list they get one chance, calling a cell phone they do not. All kidding aside are you truly that one sided? or are you simply disheartened to see people discussing ways to sue this people? Lets be realistic, this is no different than all the conferences for collection agencies that serve no purpose other than to hone the collector skills.
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I've said this before and I'll say it again.
I have no problem with you guys asserting your rights and having your fun in the courts. Frankly, everyone is better off in the end, including me. Hopefully it helps to get rid of the bad players, and give the judges an opportunity to determine what is and isn't a valid fdcpa/dispute to a collection case.
If you will note, these are the posts I jump on:
Are there any violations here?
How do I proceed?
and my favorite:
How do I get paid.
If you have enough gumption to actually bring a lawsuit you should be able to identify the violation, and put together your lawsuit without a general query to the board. Finer points, ok, attorneys do that as well but if you are asking what do i do first, then what, was I violated--you have no business handling it yourself..
There's two types of pro-ser's. Those that know what they are doing and those that think they know what they doing. The first group is very rare, the second, all too common.
I don't know your litigation experience qtip, and granted you do wield a fast time-out sword,--but judging from this post, you don't belong in the courts. If I'm incorrect as to your litigation experience, I apologize.
And those of you who are going to write, how is he supposed to get experience without trying first--save it.
__________________
About Drivel:
Occupation: De facto mod, slayer of Yahoo posts
Location: The land of reality
Interests: Watching television, movies and Roybean litigate
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08-10-2007, 01:11 PM
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#8 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
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[quote=Qtip;45734]I do not think recording is necessary, all you have to show is that they called the cell phone. I would not mind 500 bucks here and there from this type calls.
by only showing that they called doesnt prove that i didnt give my consent or that im revoking my consent...i want proof that im removing my consent
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08-10-2007, 01:16 PM
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#9 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
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Quote:
Originally Posted by drivel
And those of you who are going to write, how is he supposed to get experience without trying first--save it.
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..no can do...everybody learns from experience ..even you!
im sure that you would not be the slick refined individual in court today that you are without having had your virgin experience in court either....
the first time sucks...but it gets better each time by learning from your previous experience
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08-10-2007, 01:43 PM
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#10 (permalink)
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Administrator
Join Date: May 2006
Location: Okinawa
Posts: 6,986
Casino Cash: $2730600
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Quote:
Originally Posted by Qtip
I do not think recording is necessary, all you have to show is that they called the cell phone. I would not mind 500 bucks here and there from this type calls.
Mildly amusing, Even a collector must understand that I pay for my cell phone by the minute and this telemarketing companies are supposed to make sure they do not call cell phones. If they call a number on the do not call list they get one chance, calling a cell phone they do not. All kidding aside are you truly that one sided? or are you simply disheartened to see people discussing ways to sue this people? Lets be realistic, this is no different than all the conferences for collection agencies that serve no purpose other than to hone the collector skills.
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Qtip, you never have too much evidence! If you can record the calls, DO IT!
My phone will record something like 20 seconds of a conversation.
__________________
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"Be surprised at what people won't do and not at what they do."
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08-10-2007, 07:36 PM
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#11 (permalink)
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The One and Only!
Join Date: May 2006
Posts: 3,795
Casino Cash: $628332
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Quote:
Originally Posted by drivel
I've said this before and I'll say it again.
I have no problem with you guys asserting your rights and having your fun in the courts. Frankly, everyone is better off in the end, including me. Hopefully it helps to get rid of the bad players, and give the judges an opportunity to determine what is and isn't a valid fdcpa/dispute to a collection case.
If you will note, these are the posts I jump on:
Are there any violations here?
How do I proceed?
and my favorite:
How do I get paid.
If you have enough gumption to actually bring a lawsuit you should be able to identify the violation, and put together your lawsuit without a general query to the board. Finer points, ok, attorneys do that as well but if you are asking what do i do first, then what, was I violated--you have no business handling it yourself..
There's two types of pro-ser's. Those that know what they are doing and those that think they know what they doing. The first group is very rare, the second, all too common.
I don't know your litigation experience qtip, and granted you do wield a fast time-out sword,--but judging from this post, you don't belong in the courts. If I'm incorrect as to your litigation experience, I apologize.
And those of you who are going to write, how is he supposed to get experience without trying first--save it.
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Level of litigation minimal, unfortunately attorneys are not interested in this type cases, "not enough $$" hence why there is a need for this type forum. I understand what you are saying and will humbly disagree with your point of view. These forums are intended to help the little guys and empower them with the knowledge that will allow them to exercise their rights. As a result all those questions that you dislike are to be expected here and members should not be mocked or ridiculed for asking basic questions. I know that from an attorneys point of view, you often hate seeing us making fools out of ourselves and as you state more often than not many of us are probably over our heads, however practice makes perfect and certainly discussion forum allows people to learn from one another.
I do not think that litigation experience should be the determining factor on whether someone should file a lawsuit or not "it will certainly help and produce better results" but not necessarily the sole determining factor.
In this particular case, I am looking to draw from the experience of others that have done these type cases. IE did you send them ITS first, did the ITS help? Did you sues them in small claims, did you file a complaint with any governmental entity etc... I do not need much help in terms of filing a complaint. Heck for that matter in small claims all I have to do is fill out a small form, slap the defendants name on it and simply state that they violated the TCPA.
Very good argument DRE, you are certainly entitled to your opinion, just want you to understand the dynamics of this particular forum and why I do not share your sentiment or desire to mock someone that does not have a solid legal background.
Quote:
Originally Posted by cracrap
Quote:
Originally Posted by Qtip
I do not think recording is necessary, all you have to show is that they called the cell phone. I would not mind 500 bucks here and there from this type calls.
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by only showing that they called doesnt prove that i didnt give my consent or that im revoking my consent...i want proof that im removing my consent
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Very good point!
Quote:
Originally Posted by roybean
Qtip, you never have too much evidence! If you can record the calls, DO IT!
My phone will record something like 20 seconds of a conversation.
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Wise advise! My state is a two party state, so I have to get consent to record conversations, I think my phones does allow me to record them bu I have to find out how 
Last edited by Qtip; 08-10-2007 at 07:46 PM..
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09-19-2007, 09:26 PM
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#12 (permalink)
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The One and Only!
Join Date: May 2006
Posts: 3,795
Casino Cash: $628332
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These people are starting to annoy me, they keep calling although I told them several times to stop calling me.
I think will run them trough small claims to see what happens.
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09-20-2007, 10:11 AM
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#13 (permalink)
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Elite Member
Join Date: Jul 2006
Location: In the land of reality
Posts: 834
Casino Cash: $357490
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Quote:
Originally Posted by Qtip
These people are starting to annoy me, they keep calling although I told them several times to stop calling me.
I think will run them trough small claims to see what happens.
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I figured you would have been paid by now!!
__________________
About Drivel:
Occupation: De facto mod, slayer of Yahoo posts
Location: The land of reality
Interests: Watching television, movies and Roybean litigate
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09-20-2007, 01:13 PM
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#14 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
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the wheels of justice turn slowly....
since they had to bust open the penny jar to pay , it takes time to count it out
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09-20-2007, 01:49 PM
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#15 (permalink)
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Elite Member
Join Date: Jul 2006
Location: In the land of reality
Posts: 834
Casino Cash: $357490
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good one crap.
__________________
About Drivel:
Occupation: De facto mod, slayer of Yahoo posts
Location: The land of reality
Interests: Watching television, movies and Roybean litigate
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09-20-2007, 05:54 PM
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#16 (permalink)
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Elite Member
Join Date: May 2007
Posts: 291
Casino Cash: $402300
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just keepin it wet and sticky my man
...wet and sticky
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