Legal remedies for Harassing Phone Calls?

Question

I have received unwarranted and harassing phone calls from a business. I live in California. I'd like to know the code & section to cite and the amount of money awarded for each call I received . I am preparing a Small Claims suit and I really need this information..

I'm also on the Do Not Call list and may seek a Federal remedy. The same question aplliies what is the statute that I can cite? How much can I sue for each call received?

Answer 1

Here is a link to the National Do Not Call -- Questions and Answers for Telemarketers: http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt129.shtm

It’s against the law to call (or cause a telemarketer to call) any number on the registry (unless the seller has an established business relationship with the consumer whose number is being called, or the consumer has given written agreement to be called). But it’s also against the law for a seller to call (or cause a telemarketer to call) any person whose number is within a given area code unless the seller first has subscribed to and accessed the portion of the registry that includes numbers within that area code, and paid the annual fee, if required.

In addition, it’s against the law for a telemarketer, calling on behalf of a seller, to call any person whose number is within a given area code unless the seller has first subscribed to and accessed the portion of the registry that includes numbers within that area code, and paid the annual fee, if required. Telemarketers must make sure that their seller-clients have paid for access to the registry before placing any telemarketing calls on their behalf.

You can file a complaint on the Internet. Click the following link: https://www.donotcall.gov/Complain/ComplainCheck.aspx

Here is a link to the California Attorney General's webpage as regards to "Do Not Call": http://caag.state.ca.us/donotcall/index.htm

Here is a checklist for complaints from the California AG's website: http://caag.state.ca.us/donotcall/pdf/checklist.pdf

Note: You will need to furnish in your complaint the name of the company calling and/or telephone number of the company that called and the date of the call. Without the information, possible violations cannot be investigated.

FTC Fines are now $11,000. per violation. The FCC says it "will default to the more stringent of the two whether State or Federal DNC Laws". And some States (Like California) are issuing citations based on the National List, but under a new tougher set of State DNC Laws passed January 1, 2005.

Answer 2

I am a loan processor and deal with credit everyday. You didn't say what your loan is for. Is it a car or mortgage? The only time I've ever heard of someone coming to your house like that in this day and time is if they are looking to repossess something. If I were you, I would go to one of the websites that the other people spoke of, find out your rights in CA. Once you know your rights, I would go into the branch and talk to the branch manager to find out why they are doing this. I really don't know why they would be hounding you like this unless you have a history of late payments and they are trying to insure that you are going to pay on time. Even still, to come to your house like that is odd, unless maybe you live in a very small town and they still do things the old school way.

Answer 3

Just call your phone company and have the number blocked. And as for legal remedies, I'd suggest talking to an actual lawyer. Anybody on here willing to answer your question is cheating themselves and actual lawyers out of their livelihood.

Answer 4

Federal Trade Commission! Give their name their phone number and they are fined for that!