bookreader Posted February 25, 2012 Report Share Posted February 25, 2012 Sorry if this is the wrong section (or even the wrong forum for this matter), but I was wondering if anyone had a sample C&D letter to send to telemarketers warning them to remove your name of their list or you will sue them.These are NOT for debt collectors so would not fall under the act. Link to comment Share on other sites More sharing options...
willingtocope Posted February 25, 2012 Report Share Posted February 25, 2012 There is a national do not call list that instructs ALL unsolicited phone calls to cease. I don't remember the URL...google "do not call list". Link to comment Share on other sites More sharing options...
legaleagle Posted February 25, 2012 Report Share Posted February 25, 2012 Also take a look at the TCPA, this is a federal law designed to control these people. You can get some good money from violations. Link to comment Share on other sites More sharing options...
bookreader Posted February 25, 2012 Author Report Share Posted February 25, 2012 thank you for the advice, you're both right.I've read about the (47 CFR 64.1200 (e)(2)(iii)) and Telephone Consumer Protection Act of 1991 (TCPA) and my goal is to sue them eventually but I was wondering if there is a template letter I can send them. The one that asks them to stop calling.I guess I can just pretty much write "don't call me", but something more professional would be great. Link to comment Share on other sites More sharing options...
willingtocope Posted February 25, 2012 Report Share Posted February 25, 2012 go to www.donotcall.gov and register. If they call you again after that, send them a subpena... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted February 25, 2012 Report Share Posted February 25, 2012 go to www.donotcall.gov and register. If they call you again after that, send them a subpena...'This ^^^You're way, way over thinking this !! Link to comment Share on other sites More sharing options...
legaleagle Posted February 25, 2012 Report Share Posted February 25, 2012 Under the TCPA you can file suit whether you asked them not to call or not, as I understand the act. An unsolicited fax can be worth up to 1500. What are you supposed to do, call some jerk in Bangaladesh and ask them to take you off their list? You weren't supposed to be on the list in the first place. Read the statute though, there are some hoops to jump through. Link to comment Share on other sites More sharing options...
willingtocope Posted February 25, 2012 Report Share Posted February 25, 2012 Fax is one thing, but its my understanding that if you're name is on the government's "do not call" list, telemarketers are prohibited from calling you (unless you give them specific permission). If the idiots call you without checking the list...you have the right to sue, assumming you can prove they called.You don't even have to write them a letter...its up to them to check before they call. Link to comment Share on other sites More sharing options...
legaleagle Posted February 25, 2012 Report Share Posted February 25, 2012 My only concern is that there is some language in this statute related to cell phones or land lines. It seems to be related to whether or not the call cost the recipient money. Maybe that was for debt collectors. At any rate, sue the dummies and see what happens. They'll probably write you a check to avoid going to court. Link to comment Share on other sites More sharing options...
bookreader Posted February 26, 2012 Author Report Share Posted February 26, 2012 Fax is one thing, but its my understanding that if you're name is on the government's "do not call" list, telemarketers are prohibited from calling you (unless you give them specific permission). If the idiots call you without checking the list...you have the right to sue, assumming you can prove they called.You don't even have to write them a letter...its up to them to check before they call.Gotcha, but I thought it would be easier to sue in small claims if I had a copy of the registered letter. My intention is 500$ per call. letter is just to seal the deal (for U.S companies only of course).I'm on the federal and state level do not call lists also Link to comment Share on other sites More sharing options...
bookreader Posted February 26, 2012 Author Report Share Posted February 26, 2012 it's stange because I've heard several mentions of this mysterious C&D letter, but people talk about it without ever giving a link... may be it doesn't exist? Link to comment Share on other sites More sharing options...
willingtocope Posted February 26, 2012 Report Share Posted February 26, 2012 The C&D letter reffered to in the forums here is to a collection agency...telling them to cease collections. We really don't have a template for telemarketers. Make up your own... Link to comment Share on other sites More sharing options...
legaleagle Posted February 26, 2012 Report Share Posted February 26, 2012 I don't think it applies, cease and desist is for debt collectors. What you are suggesting is like sending a letter to someone and asking them not to punch you in the face next time they see you. Not necessary, it's already illegal. Be advised this is a federal rap and they can jerk you around by removing it to federal court. That ain't your Daddy's small claims court, either. Link to comment Share on other sites More sharing options...
bookreader Posted February 26, 2012 Author Report Share Posted February 26, 2012 I'm basing it off of a couple of articles, one was from privacyrights or something here is the other one: whycall.me/info/telemarketerssued.php (can't link yet)may be it's BS, but it seems like you can do it through small claims (would only make sense if you're in the same state of course) Link to comment Share on other sites More sharing options...
bookreader Posted February 26, 2012 Author Report Share Posted February 26, 2012 once again sorry, this may not be the right forum at all for something like this... Link to comment Share on other sites More sharing options...
legaleagle Posted February 26, 2012 Report Share Posted February 26, 2012 This is a federal statute. It can be adjudicated in the lower courts, but the defendant has the right to remove it to federal court. I suggest you look at Coltfan1972's posts, he has extensive experience with this. We've discussed this law here, it is the correct forum, but you have to understand what you are up against. You have to study the statute and determine whether or not it applies to your situation. Link to comment Share on other sites More sharing options...
edwinflynn Posted March 2, 2012 Report Share Posted March 2, 2012 I bet you're getting a lot of these calls and I understand where you're coming from. I get them, too. But you don't need to send them a C&D letter to get them to stop. When they call again, tell them to stop. That'll serve as your first warning. And remember to keep record of the call. If the calls continue, then you can sue them. SC ruled so. Contact local authorities for your legal options.And one more thing, report their phone numbers at the consumer complaint site called CALLERCENTER so everybody knows who they are even before they start calling again. That should get them on other people's block list. Link to comment Share on other sites More sharing options...
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