citizensoldier Posted March 16, 2011 Report Share Posted March 16, 2011 Served a request for admissions on a party that made phone calls to cell using automatic capable dialing system.Some admissions requested they admit using a specific phone number and that phone number was used to call the cell.They responded that they maintain many phone lines and do not keep or maintain records to identify which particular phone line was used on a specific call, so they claimed they could not admit or deny.They admitted using auto dialers to make calls and they admitted to calling the cell; however, they respond with the above when getting to the details.It is clear that any automatic dialing system tracks and maintains which numbers are used and available at any given time, so this is clearly an attempt to delay and impede my attempts to resolve the case.Can anyone provide me some input on what they would do in response to this? Thanks. Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 16, 2011 Report Share Posted March 16, 2011 Are you being sued, are you the party suing, or is this still in the process of DV?? Link to comment Share on other sites More sharing options...
Prosay Posted March 17, 2011 Report Share Posted March 17, 2011 Served a request for admissions on a party that made phone calls to cell using automatic capable dialing system.Some admissions requested they admit using a specific phone number and that phone number was used to call the cell.They responded that they maintain many phone lines and do not keep or maintain records to identify which particular phone line was used on a specific call, so they claimed they could not admit or deny.They admitted using auto dialers to make calls and they admitted to calling the cell; however, they respond with the above when getting to the details.It is clear that any automatic dialing system tracks and maintains which numbers are used and available at any given time, so this is clearly an attempt to delay and impede my attempts to resolve the case.Can anyone provide me some input on what they would do in response to this? Thanks.If I am not mistaken, the FCC and or the FTC prohibits the use of 'auto dialers" in this regard.Perhaps a google on "Auto dialers prohibited" or some such subject will confirm. Link to comment Share on other sites More sharing options...
citizensoldier Posted March 17, 2011 Author Report Share Posted March 17, 2011 Are you being sued, are you the party suing, or is this still in the process of DV??I am suing - they called my cell without my consent multiple times (even after serving them a written do not call letter (CMRR)). I am not the primary account holder either.I am planning on submitting a motion to compel or in the alternate, deem admitted due to their non-responsive answers. Link to comment Share on other sites More sharing options...
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