Friday, June 24, 2011

Telemarketer Phone Calls: Can I sue?

Over the years, consumers have been bombarded by telemarketer's phone calls.  This has left most of us that have a home phone, to simply not answer it anymore.

So what can be done?

Details after the jump

The first thing you must do is register your phone number in the National Do Not Call Registry.

This website tells us:

"The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. Most telemarketers should not call your number once it has been on the registry for 31 days. If they do, you can file a complaint at this Website. You can register your home or mobile phone for free."
Notice the "most telemarketers" there?  That means that companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls, can still contact you.

So what can be done if I am still getting calls from companies I do not have an existing business relationship with, or have not provided an express agreement in writing to receive their calls??? 

After you register your phone number, document everything.  Keep your phone records showing when you were called.  You can file a complaint with the FTC here:

Also, if you live in Florida, you can file a complaint with the Division of Consumer Service here*: 

*Please note that Florida has a separate Do Not Call registration for a fee of $10

If you have a persistent caller, you may want to consider hiring an attorney to seek damages for the unsolicited calls.The United States Code provides for private right of action against these companies.

47 U.S.C. § 227
(3) Private right of action
A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—
(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or
(C) both such actions.
If you are interested in pursing a claim against a company that is making unsolicited phone calls against you, contact me for information.  Keep in mind I can only help you if you are receiving unsolicited calls in Florida, otherwise, I suggest you find an attorney in your state. 

You can contact me at 813 413-5352.  Telemarketers be warned!

This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications

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