Jump to content

Tcpa violation, should i sue them?


kutuzov
 Share

Recommended Posts

All right i just got my AT&T bill, and it got a fraudulent charge from a scammer company. So this same company did these maybe 2 years ago. I put my jome phone on the do not call list national and Florida one, and on top of that send them a cmrr letter stating to place my number on thier internal do not call list. Now they bill me again, pretty sure they will say if I call that they talk with my wife and she took the service (really they would just make up a fake call), if they say it was me, then they are in big travel since I'm a OTR truck driver now and can prove I was not home at any given date. Anyways they are in violation regardless since is a willful violation, cmrr letter + do not call list. I could make them pack easy by calling at&t and getting the charges removed, but should I take it further? I mean if I find a lawer that takes the case ... I don't have time for that (catwoman I think was her nick and from florida so maube you should pm me). What I do guys?

Link to comment
Share on other sites

Is the classic long distance scam for 6.40 a month. I got these kind of scamany times and these vompany is located near miami. The scam is they call you record the call and make say yes and then fake the call, to where you agree to dome crappy contract. I have investigated these in the past. It's a real company with an address do they can be sue or I could go with tje AG, but I rather sue.them or just call at&t and get the charges remove. As I said before I don't have the time to do it myself, since it ain't worth the 1500 to do it myself.

Link to comment
Share on other sites

@kutuzov

 

We need more details.   What kind of charge?   Was it a telemarketing call?

Good to see that you are still around!

I might move to TX, and my charge offs are 6 years old by now, with no judgements or collectors calling, in fact I removed 5 out of 7 collections on my CR thanks to you and other people posting here.

Thanks for all you do!

Link to comment
Share on other sites

AT&T will investigate and remove the charges- I had this happen before with Qwest Communications 15 yrs ago. No reason for lawsuit, its best to pressure AT&T they deal with this often- Its an un- authorized carrier they did not remove themselves from your account- Yes they the long distance company are in violation, but deal with AT&T first

The company is most likely from overseas and you will never find them. Most 3rd party carriers are in other countries or at lease their corporate agent of service is for a lawsuit

Link to comment
Share on other sites

@kutuzov

 

 

Sorry about my typing I'm on a cell phone and it's easy to press the wrong bottom.

 

Pressing the wrong "bottom" can get you into trouble.     (Sorry, but I couldn't resist).   :ROFLMAO2: 

 

 

I might move to TX, and my charge offs are 6 years old by now, with no judgements or collectors calling, in fact I removed 5 out of 7 collections on my CR thanks to you and other people posting here.

 

 

Congratulations!  When we're used to getting collection calls and letters, it can be almost boring when they stop coming.

 

Regarding the call, scammers don't care if your on the "do not call" list.  If they can be located, and you want to sue, call a consumer attorney.  Also check to see if there's any class actions against this company.   But if you don't want to fool with it, you might send them a letter CMRRR informing them that you're on the "do not call" list and demand they stop calling.  Then get AT&T to remove the charges.

  • Like 1
Link to comment
Share on other sites

BV80, it's sort of a scam. I mean it's a scam but they do have a real company with a USA address so they can bill you on your home phone bill. But as pointed out they might have a shadow HQover in Istanbul and good luck serving the CEO tjere so calling AT&T and taking the short cut is the way to go.

Link to comment
Share on other sites

@BV80

Good old times ... I remember when I got countless debt collector's calls a day, and letters all the time. But I beat them at thier own game in 2 lawsuits with FDCPA violations, since then I only get debt collector's calls for someone else every now and then ... :( I guess beeing an informed consumer somehow deters them from contacting you.

  • Like 1
Link to comment
Share on other sites

This are the guys of the fradulent charges:

http://onelinkcomm.com/contact_us.html

I might get lucky and can serve them, I just need a lawer to take the case ...

Fact my phone is on the national and flirida do not call list, fact I send them a cmrr letter requesting them to place my phone number on thier internal do not call list. They will say they made a call to my house and someone took the services and they bill me through at&t, which makes this a willful violation or $1500, I will send them a settlement offer of $750 before I file.

Link to comment
Share on other sites

Kutuzov, you indicated that the company called your "home phone".  I'm wondering if it's a cellphone.  This is important as TCPA only covers cellular telephone calls.  It also only applies if the caller used an auto-dialer, left a robocall message, or use a preview dial system (there is some case law that supports preview dialing as being a violation of the TCPA).

 

If it was on a cellphone and they called the number after you send them CMRR Cease & Desist letter, then you would likely have cause for a TCPA violation.  The downside is that an Attorney will be very unwilling to take a case based off of a single TCPA violation.  Attorney's fees in TCPA cases can not be added to the demand and must therefore be a negotiated percentage of the total settlement.  Just drafting the complaint and filing the case would be expensive when you consider a recovery of $1500

 

There would need to be enough calls in violation to cover the cost of the case and still leave you with a reasonable amount.  The best case scenario would seem to be TCPA claims and an FDCPA claim on the same case.  So the attorney can recover his fees independent of the statutory TCPA damages.

Link to comment
Share on other sites

@Weary Traveler

 

No need to apologize.   :-)   I thought the same thing at one time.

 

Actually, the TCPA always covered autodialed and prerecorded telemarketing calls to landlines.  The changes are based upon consent.  Now, it has to be in writing and the established business relationship to avoid written consent is abolished.   I like that!   :-)

Link to comment
Share on other sites

It did cover before that landlines, but not automatically, you needed to be on the do not call list, or in a company do not call list, or such things. Now it covers your landline automatically in some cases, like pre recorded messages. Anyways I forgot that the TCPA does not allow attorneys fees, and even if the attorney gets 100% of the 1500 it might not be worth the time etc. I filed for FDCPA that does. Maybe if I get a couple more someone could take the case. So I will get the charges reverse that I did already and cross my fingers for a couple more calls.

Link to comment
Share on other sites

 If your ever feeling lonely and want someone to talk to, just get a new cell phone and number. Probably 99% of the numbers you get now days will have been held by a previous debtor with a JDB looking for them. So, don't be left out and lonely. Rush out today and get that new number......LOL.   ::punk::

  • Like 1
Link to comment
Share on other sites

I got a cell phone when i went for truck driving, and i only get family and work related calls. Only once in 1 year i got a debt collector call looking for someone else, they never call back :( so they could argue a bonna fide error ...

Also I only give my phone number to family friends and employer, for anything else I just do my home phone with no cell phone.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 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.