can I sue a telemarketer company?

Question

I recently purchased something that I found out on a few blogs will turn into a solicitation nightmare. From what tons of people are saying online, this company is going to start to stalk the hell outta me here real soon, and be cocky, rude and disregard all requests to not be called back. This is what I am thinking about doing, do you think it would work? #1 - get a recording device from my sister for the phone & hook it up. #2 - when someone calls asking for me (w/ my proper name) and obviously not a friend/family calling, I will tell them "hold on" and go turn on the recorder and then get back on the phone and verify it is me and then say "this call may be monitored or recorded" all the while it is recording and if they continue the call then they have been warned. Then I will say, "put me on the National Do Not Call Registry, thank you, good bye." #3 - when they call back (and they will) I will repeat step 2 everytime. I'll have proof then :o) Will this work in court?

So instead I should just tell them to take me off of THEIR list?
Also, I purchased materials, and the telemarketers are like a 3rd party mentoring service to supplement the materials I bought, does that matter?

Answer 1

Your state may have a do not call listing. You have to sign up for it. If after the expiration of the Grace period you are still getting calls, you turn them into your state agency and they can sue them on your behalf.

Depending on your state, you can record a conversation without the other persons knowledge. Consult a local DA to see if you live in a state like this. Linda Tripp did not (Maryland or Virginia).


At the end of the call, you can request that they remove your name from their list. It will not put you on the national listing though. You have to do that yourself. You can do so online.

If you record the conversation, as well as details (originating phone call, name of telemarketer, time of day,...) you would have a case. But remember, there are exemptions to the laws, so, you may still receive phone calls.

Answer 2

Yes, I believe that will hold up in court if you need to take it that far. Remember when you are asked to be placed on the Do Not Call Registry, the person you are speaking with should tell you how long it will take effect. Sometimes they say it may take a few weeks before you stop receiving their calls. If they do not tell you, you should ask. You can also ask them to take you off of their call list (although from the information you provided, it seems as though they will disregard this) to avoid any calls from them before you are placed on the Registry.

Answer 3

There is one major flaw. The Do Not Call Registry does not include companies with which you have done business. Below is the rule:

"Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls."

You need to look at the fine print from what you've purchased and look at your options from there.

However, you could re-phrase your comments to your telemarketers to ask them to stop calling. If they continue, it could constitute harassment. For the most part, you are out of luck since you didn't read the fine print. You opened the door for these telemarketers to legally call you.

Answer 4

I think you may have to put yourself on the National Do Not Call Registry, that is what I had to do. Put if I was you, I would delete this question so that you will not have this question come and bite you in the butt when you try this. It is preplanned, and if it comes to the attention of the people on the other end, it may not work out to well for you.

Answer 5

You have to put yourself on the National Do Not Call list.

https://www.donotcall.gov/default.aspx

Start there. Then when they call tell them you are on the list and and to remove you from their list. Also inform them that any further calls will be reported.