Don't make the mistake I made (Telemarketing hell)

Questions on how we spend our money and our time - consumer goods and services, home and vehicle, leisure and recreational activities
totallystudly
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Re: Don't make the mistake I made (Telemarketing hell)

Post by totallystudly » Wed Jun 06, 2018 6:03 pm

I think you'd have better success filing a complaint with the government office than with trying to go after a fly-by-night telemarketer in some third-world country.
You would be incorrect. The government rarely does anything and it isn't the telemarketer per se, but the end user that is liable as well, and most if not all are located in the states.
Unless they've changed the figures since my case about a decade ago, per US Code Title 47 Section 227 Part B.3.B, the damages are $500 per call.
Quick answer is to review charvat v nmp, LLC, 6th circuit pages 10 and 11.

Longer answer is damages may be trebled up to 1500 per call and if you get more than 1 call in 12 months the regulations if 47 cfr 64.1200 apply through 47 usc 227c5, which entitles you to another 500-1500 per call for a total of up to 3k. If your lawyer only got you $500 he wasn't very goos

Latestarter
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Re: Don't make the mistake I made (Telemarketing hell)

Post by Latestarter » Thu Jun 07, 2018 8:12 am

squirm wrote:
Wed Jun 06, 2018 8:12 am
I remember in the old days people use to run to the phone to answer it. Now it's the opposite.
The phone runs to people?

Latestarter
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Re: Don't make the mistake I made (Telemarketing hell)

Post by Latestarter » Thu Jun 07, 2018 8:17 am

I have found Nomorobo reasonably, though not totally, effective on my landline. But it gets poor reviews for its (paid) cell service, and I'd love to find another solution for my cell - particularly since not answering telemarketer calls typically produces voicemails that have to be deleted, one by one. My cell service is with Verizon, which offers a ludicrously inadequate blocking option. I've investigated several apps, but none of them does the trick.

dknightd
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Re: Don't make the mistake I made (Telemarketing hell)

Post by dknightd » Thu Jun 07, 2018 9:32 am

hmm Maybe I could go after them, and make little money. I see a potential for making money. But the reality it is probably not worth the bother.

TravelGeek
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Re: Don't make the mistake I made (Telemarketing hell)

Post by TravelGeek » Thu Jun 07, 2018 9:48 am

dknightd wrote:
Thu Jun 07, 2018 9:32 am
hmm Maybe I could go after them, and make little money. I see a potential for making money. But the reality it is probably not worth the bother.
Might be something to discuss in the Sidehustle thread. Maybe I will look into it as a second career after I retire from my main job. :)

Rupert
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Re: Don't make the mistake I made (Telemarketing hell)

Post by Rupert » Thu Jun 07, 2018 10:26 am

Sometimes, especially in the two weeks prior to an election, I get so many telemarketing calls that I actually start answering them. After the telemarketer's opening spiel, I whisper in a creepy voice, "I know where you live . . ." and then hang up. It's kinda fun.

LiterallyIronic
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Re: Don't make the mistake I made (Telemarketing hell)

Post by LiterallyIronic » Thu Jun 07, 2018 11:05 am

totallystudly wrote:
Wed Jun 06, 2018 6:03 pm
I think you'd have better success filing a complaint with the government office than with trying to go after a fly-by-night telemarketer in some third-world country.
You would be incorrect. The government rarely does anything and it isn't the telemarketer per se, but the end user that is liable as well, and most if not all are located in the states.
Unless they've changed the figures since my case about a decade ago, per US Code Title 47 Section 227 Part B.3.B, the damages are $500 per call.
Quick answer is to review charvat v nmp, LLC, 6th circuit pages 10 and 11.

Longer answer is damages may be trebled up to 1500 per call and if you get more than 1 call in 12 months the regulations if 47 cfr 64.1200 apply through 47 usc 227c5, which entitles you to another 500-1500 per call for a total of up to 3k. If your lawyer only got you $500 he wasn't very goos
Lawyer? I drove to the municipal court, got the form, filled it out, filed it with the court clerk, and mailed a certified letter. Got my $500 bucks. Secondly, that court case was after mine - that wasn't until 2011 and mine was 2008. Thirdly, you can only bump up from $500 if certain details apply, which may not have applied to me and it's disingenuous to say that a person should expect more than the default and perjury to claim those details apply when they do not. Fourthly, I don't know why you think those detail apply to me and therefore I could've gotten more than the default $500 when you know no details of my case. Good day.

phisher4
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Re: Don't make the mistake I made (Telemarketing hell)

Post by phisher4 » Thu Jun 07, 2018 12:19 pm

One way of stopping these calls is through mass action.

Step 1: Don't hang up (yes, I know, but bear with me).

Step 2: Engage the caller for as long as possible. Ask questions about the product. Ask the caller to hold in order to "get the credit card." Then ask more questions. It's a bonus if you get their actual contact information in order to file do not call actions in the future. Never ever buy the product or give your own information, of course.

Step 3: Wait for the strategy to work. If everyone wastes THEIR time, eventually, they will stop calling. If we can increase their wasted time by even a small fraction, this will be enough to push many scammers out of business.

totallystudly
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Re: Don't make the mistake I made (Telemarketing hell)

Post by totallystudly » Thu Jun 07, 2018 12:51 pm

Secondly, that court case was after mine - that wasn't until 2011 and mine was 2008. Thirdly, you can only bump up from $500 if certain details apply, which may not have applied to me and it's disingenuous to say that a person should expect more than the default and perjury to claim those details apply when they do not. Fourthly, I don't know why you think those detail apply to me and therefore I could've gotten more than the default $500 when you know no details of my case.
You did fine and certainly better than most. Im just saying you could do better. Simply alleging will full/knowing can get you 1500 vs 500. If you are happy with 500, good for you and that is at least a positive example of what you can do as far as going after telemarketers vs just complaining about it online.

2015
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Re: Don't make the mistake I made (Telemarketing hell)

Post by 2015 » Thu Jun 07, 2018 8:09 pm

Our actions teach others how to value us and our time.

I can't think of a worse waste of my time than being on the phone, and it's a rare event that I answer it (particularly when my MotoG Plus is always face down, automatically placing it in do not disturb mode--love that phone).

If someone is important in my life I want to see them face to face. People who know me know my preferred mode of communication is text: quick, simple, to the point. A select inner circle I will spend time (but not a lot) with on the phone. Legal Call Blocker app blocks all telemarketing calls. Spending time on the phone with a vendor when I didn't initiate the call or with a telemarketer is alien to me.

JBTX
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Re: Don't make the mistake I made (Telemarketing hell)

Post by JBTX » Thu Jun 07, 2018 9:57 pm

I use Nomorobo on the land line and it has been highly effective. Very few get through. There has been a time or two a wanted robo got blocked, like a school district auto message, but if you just scroll your call history every once in a while you can spot them and white list them.

For Mobile I have paid app called robokiller. Something like $10 bucks a year. Well worth it. It may rarely block a call you want, like a staffing agency, but again check call history and white list. I would suggest not using their "funny" robot call replies. It's kind of pointless and God forbid it is somebody important.

criticalmass
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Re: Don't make the mistake I made (Telemarketing hell)

Post by criticalmass » Thu Jun 07, 2018 10:59 pm

LiterallyIronic wrote:
Wed Jun 06, 2018 4:41 pm
criticalmass wrote:
Wed Jun 06, 2018 6:55 am
LiterallyIronic wrote:
Tue Jun 05, 2018 2:01 pm
Simple. Sue them.

Ask to be put on their do-not-call list. Wait for them to call you again. Get the phone log for when they called you. Wait for them to call you a second time. Again, get the phone log. If the two calls occurred within one year, sue them for $500.

Per the United States Code, they have to respect your do-not-call wish for one year (but they get one "accidental" call). They do not get a grace period of 30 days or whatever to put your number on their do-not-call list. Every call (after the one "accidental" call) is $500. File it at your local small claims court (whichever one has the jurisdiction for the location you received the call) and send the required notification to their corporate office via certified mail. Enjoy your $500. :moneybag
I am curious, which companies have you sued successfully and recovered judgements from recently? It’s easy to say sue, but the telemarketers who break the law today tend to be overseas and judgement proof. Even the U.S. government / FTC/FCC can’t identify a large number of them. Obviously if a US company identifies itself, that’s another story, but for the typical low end call spoofing off shore mass calling ring a ding operation, good luck.
Per my settlement out of court, I can only tell my accountant or lawyer their name. But the Florida-based company sent me a check for $500 if I agreed to drop the case, rather than meet me at the local small claims court here in Utah.
totallystudly wrote:
Tue Jun 05, 2018 5:45 pm
Whomever said sue them is correct. Only issue is damages are up to $3000 per call not merely $500. State laws can add even more pain. North Carolina is $500 1st $1000 second, and $5000 per each subsequent violation including caller ID spoofing.

There is no one call freebie. The first call is actionable.
Unless they've changed the figures since my case about a decade ago, per US Code Title 47 Section 227 Part B.3.B, the damages are $500 per call.
You’re lucky you found a telemarketer in USA. Many today are overseas and could not care less about laws, suits, or judgements in USA.

I’m curious, with an open and shut case, why take $500 instead of $3000 at a local court?

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cfs
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Re: Don't make the mistake I made (Telemarketing hell)

Post by cfs » Thu Jun 07, 2018 11:15 pm

I have no issues, I do not answer my cell phone, anyone calling me will hear a message in Spanish, por favor deje su mensaje . . . Gracias por leer / cfs
~ Member of the Active Retired Force since 2014 ~

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Geneyus
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Re: Don't make the mistake I made (Telemarketing hell)

Post by Geneyus » Sun Jun 10, 2018 9:28 am

LiterallyIronic wrote:
Tue Jun 05, 2018 2:01 pm
Simple. Sue them.

Ask to be put on their do-not-call list. Wait for them to call you again. Get the phone log for when they called you. Wait for them to call you a second time. Again, get the phone log. If the two calls occurred within one year, sue them for $500.

Per the United States Code, they have to respect your do-not-call wish for one year (but they get one "accidental" call). They do not get a grace period of 30 days or whatever to put your number on their do-not-call list. Every call (after the one "accidental" call) is $500. File it at your local small claims court (whichever one has the jurisdiction for the location you received the call) and send the required notification to their corporate office via certified mail. Enjoy your $500. :moneybag

I have a sibling who calls me every day and almost always starts the call with "what are you doing?". They never have anything to tell me, they just like calling people all day, every day. If I don't answer, sometimes they call back later that day.

Will this plan work for me? :wink:

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teacher
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Re: Don't make the mistake I made (Telemarketing hell)

Post by teacher » Sun Jun 10, 2018 11:46 am

One solar company offering free, government sponsored, solar hookup called so many times, I started counting the calls.....nearly 50 from multiple numbers. So now, unless I recognize the number, I don't answer the phone. I figure, if it's important, they will leave a message.

scrabbler1
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Re: Don't make the mistake I made (Telemarketing hell)

Post by scrabbler1 » Sun Jun 10, 2018 11:54 am

Whenever I get one of those junk calls, I go to 800notes.com to see if anyone else has complained about it. Unless it is one of those spoofed "neighbor" calls using my prefix to start the number (and, most of the time, my area code), there are others who have complained about it. If it is a junk call to my landline not blocked by nomorobo, I report it to nomorobo.

sil2017
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Re: Don't make the mistake I made (Telemarketing hell)

Post by sil2017 » Sun Jun 10, 2018 12:42 pm

I was looking around for health insurance as well. After completing the online form, I received many calls from various phone numbers; some leaving messages for me to enroll in a health plan. For about a week or more, I received at least 3 to 5 calls per day from various numbers. What I did was declined the call in the middle of the ringing. I believe the declining call worked as I have not received any more telemarking call for medical insurance. I figured if it was a legitimate call from friends , family etc, the person would leave a message.

I am on the do not call list.

AlphaLess
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Re: Don't make the mistake I made (Telemarketing hell)

Post by AlphaLess » Sun Jun 10, 2018 12:53 pm

Hastelloy wrote:
Tue Jun 05, 2018 1:03 pm
I'm on the do not call list.. I think there are exceptions made for certain industries or circumstances. It's my own fault, really. But still, I feel violated when these people call me.
DoNotCall registry is fundamentally broken, and has been for the past few years:
- in OPs situation, he probably forgot to un-click some checkbox which says, "allow our affiliates to call you",
- a lot of the telemarketers are now spoofing their phone numbers, so you can not determine who to complain to.
"You can get more with a kind word and a gun than with just a kind word." George Washington

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