What kind of lawyer would I need for...?

Question

This telemarketer keeps calling my house, no matter how many times I press "2" (do not call again), so I pressed one the last two times to (speak to a representative) and asked to speak with whoever is in charge. Both times, the person who answered said he was in charge. So, I told him to stop calling. The first time, he totally ignored me, and whenever I was quiet, he went ahead with his telemarketing spill, urging me to "lower my interrest rates". When I said I was calling a lawyer, he said "have fun" and hung up. The last time, the guy said, "you need to press 2". I said I did that four times, and he said, "Well, do it again!" and hung up. So, what kind of lawyer do I need to talk to to get these calls to stop!?

Answer 1

I don't know much about this area of the law, but look in your Yellow Pages for attorneys who do "collections" law. In my Yellow Pages, they are listed under that category. Although I suspect they usually work for creditors, they will take debtor cases, also. I always thought you had to put these types of requests in writing, but a collections law attorney would know. I do know our state has a strict consumer protection law and awards triple damages for violations, plus punitive damages. I'm not sure what type of damages you would have, but these are the right attorneys to handle these matters. The first person who answered suggested your state's Attorney General and I agree with that, also. Normally, you'll get quicker action from a private attorney than from the A.G.'s office.

Answer 2

Literal answer: Anyone handling civil litigation should be able to sue for an injunction on your behalf. (By the way -- you are not getting any money here.)

Practical answer: It's easier to just sign up for the national Do Not Call registry. The lawsuit route is always nasty and expensive, and in this case, it isn't worth the trouble.

Since you are not getting any money out of this case, you'll have to pay an upfront retainer, plus court costs. To begin with, you'll need to know the identity of the company that's calling you. You'll have to document every single call they make to your house -- date, time, duration, and sum and substance of the conversation. You can argue they have those records, but as the plaintiff, you will bear the burden of proof, and they certainly will not be obligated to make your case for you. Then you'll have to sue the telemarketing company and the owner of whatever service(s) they are trying to sell you.

The telemarketing company probably operates out of some closet-sized hole-in-the-wall sandwiched between two auto repair shops. It couldn't care less if you get an injunction. They reincorporate every few months anyway, and they'll keep calling you as a new entity -- unless you hire an investigator and go through the enormous trouble of keeping track of their alter egos, suing them for fraud, etc.

The company that actually offers you lower interest rates, by contrast, has a lot more money than you do, and they'll litigate you to death. And in the end, after putting you through a lot of grief, it will win anyway, since the telemarketer is an independent contractor.

Just sign up for the registry, it's easier.

Answer 3

Don't hire a lawyer, use the government to go after the telemarketers.

First of all, you need to be on the National Do Not Call list. For more information, click here: https://www.donotcall.gov/default.aspx You will also be able to register from this website.

If you are on the Federal "do not call" list, get the name of the person calling you, the company they work for, and their telephone number.

You can file a complaint if your name has been in the Registry for 31 days. You can file a complaint online. https://www.donotcall.gov/Complain/ComplainCheck.aspx

Answer 4

I do not believe there is a lawyer who would take this as a case. I have never heard of pushing 2, are you on the do not call list. If you are you need to get the name of the company and report them to the attorney general in your state.

Answer 5

Have you had your phone numbers plaed on the National Do Not Call Registry? If not, go the link below and register your phone numbers. It doesn't eliminate all kinds of unwanted calls but it might help a little.