Jump to content

Telephone Consumer Protection Act


Mikeman
 Share

Recommended Posts

Hello,

Anyone have experience with suing a company for violations of the TCPA, 47 USC 227 and 47 CFR 64.1200, regarding unwanted telephone solicitation calls by a company you have an existing relationship with but have asked to be on their internal no-call list?

This law says you can ask a company to be put on their internal no-call list even tho you are a customer. They must honor this and put you on that list for 5 years. If they do call you afterward more than once in a year, you can sue for 500 per call, 1500 if it is willful/knowingly.

If anyone has exp., I 'd like to know how hard or easy this if you have the evidence to prove multiple calls. Will the judge back you up on several 1000s of damages or will you be laughed out of court. How hard will the defendants fight...all the way or can you reach a decent settlement? Just curious. Any informed response is welcome. Thanks.

Link to comment
Share on other sites

Well, I've sued over junk faxes which is similar. Getting ready to do so again with another offender.

The burden of proof is the biggest obsticle. You have to be able to prove that they have been notified and that they have gone outside the law.

The first is fairly easy. You send a letter by certified mail instructing them to remove your name and number from their call records.

The second is a bit harder. Your own notes on calls they allegedly made are not sufficient. The phone company is unlikely to be cooperative with you in providing proof, and subpeonaing the company you are prosecuting for their call records is likely to be met with the strongest resistance. In my case with the junk faxes, I had to borrow and hook up a fax machine to actually receive the junk-faxes to use as evidence. I suppose if they are dumb enough to leave voicemail messages that you can time-stamp that would be enough proof. Or if they are calling a cell phone where you have detailed billing, that would be good. Don't know if the call data will show up on detailed billing if you forward the calls.

Link to comment
Share on other sites

Thanks Methuss,

I have as proof an email from company stating they will put me on their nocall list. Plus my internet phone acct has proof of over 10 calls several months after receiving their email. I also contacted my AG and they verified this phone number is that company. I can print copies of all of this.

What is my best cause of action? Should I send a demand for settlement letter to the company legal dept or just file suit? Is small claims the best place to file? I appreciate all the help here.

Link to comment
Share on other sites

As I've mentioned before, e-mail prints are not useful as court evidence...not even with the header info. A simple objection by the opposing party gets them thrown out every time as inadmissible. Spoofed e-mail headers are a daily occurrance for anyone with an e-mail box...Spam. So there is no way to admit what you receive as evidence that it was actually sent.

The only way you can use e-mail as evidence is to subpeona the original data from the sender in the form of backup tapes. The tapes must be done by a 3rd party auditor and certified as not having been tampered with.

Link to comment
Share on other sites

Thanks again,

I understand what you said but would this email still not hold up in small claims court where evidence rules are more lax and especially if I have a person's name from the company on the email? How would I know this person worked there if I hadnt actually received an email from them?

Also, what harm can come from sending a settlement demand letter?

Sure they can say no or ignore me, but it only costs me a few stamps.

Unless my evidence is completely useless, they might have an incentive to settle for 500 to 1000 if I have a claim valued over 5000 even with the email evidence issue.

Any thoughts?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.