Making Telemarketers Pay...Cash
André-Tascha Lammé is doing a wonderful thing. He was pushed into it by telemarketers barraging him with calls at home, "Do Not Call Registry"-be-damned. He asked them to stop. And asked. And asked. To no avail. And then he asked them for thousands of dollars. And they paid.
Here's his story below, in brief. But for all the details, plus helpful tips on suing, go to his site, killthecalls.com:
Why I Started Suing Telemarketers
A few years ago, I became supremely sick of the massive number of telephone calls I would receive from telemarketers. My standard response was to curse them and hang up on them. As we all know, such tactics do not work. Those companies that are attempting to sell you a new garage door, a mortgage refinance, a new furnace or who knows what else are persistent. They will keep calling until they make a sale. As we all do, in frustration I looked on the internet for information. I learned that one can actually sue telemarketers. Unfortunately, many of the websites will give you only a little bit of information and then ask you to buy an e-book or purchase a subscription. Being the kind of guy that I am, I delved into the code and figured it out myself.The Telephone Consumer Protection Act
Many people believe that by placing their telephone number(s) on the National Do Not Call Registry they shall be insulated from the intrusive telemarketing calls that have plagued us the past few decades. Although the Do Not Call Registry has had some beneficial impact, it is not by any means the panacea that some may have envisioned. In fact in many cases, I would see the practical results of the Do Not Call Registry to be a total joke. Unless the company making the telephone calls is making enough calls to numbers listed on the Do Not Call Registry to warrant a multitude of complaints to the appropriate authorities, nobody is going to do a bloody thing about going after these firms (trust me...been down that road...gave it up as a lost cause).Luckily for those of us who are besieged by the bloody mortgage firms wanting us to "refinance before the interest rates go through the roof!", the Telephone Consumer Protection Act of 1991 gives us the right of private action. This means that we can sue the crap out of those telemarketers who just do not understand the meaning of No!
As I have told friends, associates and (recently) Bob Sullivan of MSNBC, despite first thoughts, it is not at all difficult to pursue legal action against those telemarketers who refuse to acknowledge your (just) demands to be left alone. In fact it is actually pretty bloody easy! As long as you know the law (which is - surprisingly - clear and brief) and follow some pretty basic steps, you stand an excellent chance at lining your pocket with potentially a few thousand dollars with maybe an hour of total time invested and about $50 in court fees.
He's doing all of us a big service. For every telemarketer he sues, that's one telemarketer who'll find it a little less profitable to lay off their marketing costs on consumers.
Hilariously, they accuse him of being "in it for the money." (Like they're in it for the love?) The truth is, he's a busy guy -- a web developer and software consultant with plenty on his plate -- but at a certain point, a guy just has to refuse to take the crap and start taking the certified checks instead.
P.S. Consider signing his petition to support H.R. 479. I signed. It's a bill to make political/campaign calls subject to the provisions governing the Do Not Call Registry...and/or to support a Private Right of Action to allow private citizens to sue the telemarketers only the government can now go after for up to $11,000 a call, but rarely does. (It's and/or because you can check a box to support either or both.)
At the moment, André-Tascha notes, "There are those telemarketers who know that the number of calls that they make contrary to the applicable provisions are low enough that the government shall never go after them." This bill would help put an end to that.
Interesting story - but what's it got to do with the alligator?
Norman at March 7, 2007 5:20 AM
Don't be so literal! It's supposed to represent the telemarketers. (I thought putting up a picture of an anus would be in poor taste, plus then the Iraqi enema the airport story might get jealous.)
Amy Alkon at March 7, 2007 5:21 AM
OK - but what do you have against alligators?
Norman at March 7, 2007 5:52 AM
A great tip on the war against regular junk mail... is to send them their competitors' junk mail. Use the business envelopes with the already paid postage and send them free coupons. Send credit card companies different applications from their competitors. The time and money these companies have to spend on dealing with junk mail will eventually lead them to remove your name from the list or reduce the frequency of sending you useless mail.
Joe at March 7, 2007 6:29 AM
Heh. Funny. And good point!
Amy Alkon at March 7, 2007 6:29 AM
Hah! I got the same suggestion from one of my visitors (the sending of junk mail in the postage paid envelope). Won't stop the junk mail, but is a nice way to get back at them.
The alligator? Prefer such to an anus. I may be an asshole, but...
André-Tascha at March 7, 2007 6:58 AM
Where is the Libertarian crowd? Do we really need to flood our already over-crowded court system with these frivolous lawsuits? I am in the perfect demographic for telemarketing, and the number of calls have I received since placing all our numbers on the DNC registry has been zero. Same with direct mail- if you don't want it, sign up at the Direct Marketing Association's voluntary website. It is very effective and takes a few minutes.
eric at March 7, 2007 7:17 AM
Eric: Check your premises.
1. Court time for these actions is absolutely minimal. Frequently no more than 5 minutes.
2. I (and many others) have been signed up with the national DNC, the DMA's list, etc. Since the latest round started in August, I have received well in excess of 180 mortgage-related telemarketing calls.
3. The courts are a legitimate forum for protecting our rights. We have a (moral and codified) right to privacy in many areas, including something as mundane as not receiving telemarketing calls. I have gone after (and advocate that others do) those who would violate this right. As a libertarian, I cannot see how you would not understand this...
André-Tascha at March 7, 2007 7:28 AM
I agree if you received 180 telemarketing calls- I just don't know how it is possible. Apologies, it's early.
eric at March 7, 2007 7:42 AM
The National DNC helped to a great extent, except:
Mortgage firms are (in my case) the worst. They purchase bundled data from escrow companies (who are also desperate for work) who just slammed me (and many others) with calls.
Small companies/firms (e.g. your local HVAC guys) are either ignorant, or do not care, or figure they are too small for the feds to fine.
I always advocate that when folks tell the telemarketers to stop calling that they clearly inform the telemarketers that if they continue their behavior that you will take them to court under the TCPA. I have found the vast majority cannot get me off the list fast enough. There are those who (totally do not understand the mentality) actually think that if they keep calling that they will be able to convince you to purchase their product.
André-Tascha at March 7, 2007 8:00 AM
Good job Andre-Tascha and Amy! We owe it to ourselves to do things to discouragae these unwarranted intrusions in our lives. And with corporations, the way to do it is through their wallets.
I've been dealing for a while with automatic calls to my cell phone from a debt collection service that 1) asks for someone else, 2) doesn't offer an option for me to state the number is wrong, and where 3) no one picks up the phone when I call back. This is especially annoying because it can end up costing minutes if I accidentally answer it. After reading this post, I wonder whether I have any options to get these people's computer to stop calling me.
justin case at March 7, 2007 8:34 AM
Justin: That is handled under a different law (The FDCPA). Yes you do have a recourse. Send me an email (manager@killthecalls.com) and I can give you the info...
André-Tascha at March 7, 2007 8:39 AM
Why would my time be "frivolous"? Nobody takes my time and use my phone line to increase their profit margin without paying me...not if I can help it.
Amy Alkon at March 7, 2007 9:12 PM
this is a post of an email thread between justin and myself:
**********************************************
Oh those guys...they are the scum of the earth...
What you are required under the FDCPA to do is the following:
Write them a letter stating that there is no JOHN DOE at your phone number or address. State that you want all calls made to your number (be sure to put it in the letter) to cease immediately. Send the letter via certified/return receipt requested, so you have proof. (The USPS allows you to track these online). After two or three days after they have received the letter, they continue to call, they have just violated the FDCPA (and perhaps a state law as well - depending upon where you live). Unlike the TCPA, where the fines can climb for each violation, under the FDCPA, the fine starts and ends at $1000, regardless of the number of violations. If they are smart, they will stop calling. If not, you can take them to small claims for $1000.
justin wrote:
> 877-289-0302
>
> some additiona info http://whocalled.us/lookup/8772890302
>
> On 3/7/07, Manager of Kill the Calls wrote:
>> hey justin...what is the phone number they are calling from?
>>
>> Justin wrote:
>> > Hi Andre-Tascha,
>> >
>> > In one of your comments on Amy Alkon's blog today, you mentioned that
>> > you had information regarding laws governing the troublesome
>> > collection robo-calls that I've been receiving. I'd appreciate
>> > knowing more about how I might be able to fix this problem; it might
>> > also be helpful to some other people, as this company seems to have
>> > serious issues with its database (as I've discovered when I've googled
>> > the number). Thanks in advance.
>> >
>> > Best regards,
>> > Justin
André-Tascha at March 8, 2007 9:40 AM
Years before any Federal law, I was working at my computer when a telemarketer called. I ask to speak to their supervisor, some woman in Denver.
After getting her name I ask to be removed from the list. She says it would take quite awhile because that request has to go through the Dallas office which is now closed at that time of day.
While we're talking I look up her info. on the Net. I ask if she lives such-and-such address in a certain town. Is her phone number really 123-456-7890 ? She's a bit stunned.
I calmly explain that I really do need to be removed from thier list in the next 24 hours or that all of her home info. would be posted on Usenet for the entire world to see.
Boy did that produce some fast action!
Don at March 12, 2007 4:25 AM
Man after my own heart! I have to try that.
And, André, this is a new thing, where debt payment seekers call any number at an address. What's the law on that?
Amy Alkon at March 12, 2007 5:26 AM
This person has called my cell-phone. What is going on? Seriously. If anybody knows they should e-mail me at ben_surge@yahoo.com. Honestly, I was just sitting here and all of a sudden I get a phone call. I didn't answer, and when I searched for that number I was directed to this page............ How would someone I absolutely don't know get the phone number of a cell-phone that should not be listed, nor has it been offered to any online service, unknown person, or person that would give it to a dumb service?
How Bout You Asking for my Name? at May 9, 2007 5:59 PM
The page isn't listed in your comment. Which person called your cell phone? Please give a little more detail. What company, what were they selling? Did you ask for information from them? And other pertinent details, please.
Amy Alkon at May 9, 2007 6:26 PM
I just ordered a referee's whistle on amazon. These assholes have been harassing me for over a year. Next time these fuckers call to 'lower my credit card rate', I'm gonna blow their fucking eardrums out. They wanna be cunts, I'll be a cunt too. FUCK THEM.
The number that just called me was 561-793-8708 (*69 it - comes back as not in service though)
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