Adventures in suing telemarters (TCPA)
This is a page to talk about my adventures in suing telemarketers under the Telephone Consumer Protection Act of 1991 (TCPA).
The basic rules are that violations of the TCPA is actionable by a lawsuit in small claims court. Each violation is $500, and if it can be proven that the violation was done “willfully and knowingly” it’s $1500. That is per violation not per call, and most calls contain multiple violations.
This page will document the various telemarketing calls as I receive and note them. You can also read all my blog posts that have the category tcpa
Here is a list of folks that have called me
Donna Bauer aka The Notebuyer Incorporated
2/5/2009: Phone call @ 9:11 p.m. (violation!). Automated call (violation #2!) Caller ID was 513-698-2005
2/9/2009: Demand letter sent for $2000. Reply required by 2/27/2009
2/26/2009: Letter received. Claimed existing business relationship.
Bob Fuersich with Tru Green Lawn Service
2/18/2009: Phone call received from 859-568-0001 at 8:29 p.m. Bob said that he would send a written copy of his do not call policy and put it in the mail the next day
3/4/2009: No do not call policy received.
Feature Films for Families
PO Box 572410
Murray, UT 84157
2/18/2009: Phone call received from 208-333-2230. It took 3 times asking before the man on the phone would identify himself, and he only refered to himself as “Jesse” – no last name. Hung up on me when I asked to be added to their do-not-call list
2/19/2009: Demand letter sent – requesting to be added to their do-not-call list and receive a written copy of their do-not-call policy. Reply required by 3/13/2009.
3/7/2009: Do-not-call policy received and my number added.
Air Tite Windows
3/11/2009: Phone call received at 5:45 p.m. from 513-463-2121. Older lady identified herself as Doris Horvet (Sp?). She said the phone number of Air-Tite was 877-247-8483. Said that her company did have an internal do not call list. Requested my number be added and a written copy of their do not call policy. She said that she wasn’t sure if they did that. I told her that if they didn’t then they were in violation of the TCPA. She said she would pass my request on to her supervisor.
9/23/2009: Phone call received at 8:15 pm from Emery Financial in Middletown – 513-217-5435. I spoke to someone who identified himself as Ashok. It appears to be this gentleman – Ashok Ghildyal
I couldn’t find my TCPA sheets! so I just winged it. I asked if his company kept a list of numbers it had been asked not to call. He said that he thought they did keep such a list and it got “scrubbed from time to time” but sometimes those numbers didn’t get called. I requested him for to add my name to that list. I also asked for a copy of their do not call policy, and verified that he had my address.
He then had the gall to ask me, after that, if I was a veteran or would qualify for a VA mortgage!