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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I'm receiving continued calls from a company looking party,

Customer Question

Hello, I'm receiving continued calls from a company looking for another party, even though I've told them numerous times to stop. They are a multi million dollar company with deep pockets. Remedies?
JA: Thanks. Can you give me any more details about your issue?
Customer: They sell and finance cars. They called looking for woman, and I told them they have the wrong number and to stop calling. They call anyway.
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Submitted: 8 months ago.
Category: Business Law
Expert:  RGMacEsq replied 8 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Is this on a cell phone or a landline? Have you suffered any quantifiable damages (a specific dollar amount that you can prove, if need be) from their repeated contacts? And how often do they call?

Customer: replied 8 months ago.
Cell. Five contacts after telling them to stop. Calls were recording for proof. Quite damning. Multi-million dollar company that sells and finances used cars. Wanting to know which NC and Fed statutes apply.
Expert:  RGMacEsq replied 8 months ago.

They're not trying to sell you anything, correct? What times of the day were they? And over what period of time were they calling?

Expert:  RGMacEsq replied 8 months ago.

And did you tell them to stop each time?

Customer: replied 8 months ago.
Not selling, but looking for someone I don't know. They were told to stop. Unambiguous. Daytime hours. Can you give me an answer or not?
Expert:  RGMacEsq replied 8 months ago.

Yes, I can. But in any court case, you'd have to show your actual damages. Certain laws don't apply because they're not selling anything. That is the Federal "CAN SPAM" act doesn't apply because these are not solicitation calls, nor would a violation of the Do Not Call registry. It's not a NC issue because telephone communications are preempted by Federal law. Now it could be "harassment" if you could prove intent to harass, but that would be difficult to prove the intent needed. Furthermore, it makes a difference if they call you 5 times in one day or 5 times over the course of a week or a month. If it's a week or more, that's almost never seen to be harassment. But if it's 5 times in a day, that is more likely to be harassment.

Furthermore, even IF you could show damages, they would have defense of "mitigation of damages". If you only told them once to stop, the court would probably say that wasn't enough.

But the kicker is lack of damages. In a lawsuit against anyone, you have to show damages. That's a specific dollar amount that you have been harmed by their actions. That's why almost all of these telephonic harassment cases (such as CAN SPAM violations) are class action lawsuits. It's not "worth" it to bring a single case, because lawsuits cost more (~$1,000) than the damages awarded.

In short, I don't think that you would have a case at all, because there's no cause of action to sue, no damages that could be proven, no obvious intent to harass, etc... And you'd be asked why you didn't just block the number on your phone or through your carrier (which you can do...). Unless you had a good answer to tell the judge for that, I really don't think that your case would get anywhere.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  RGMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

Expert:  RGMacEsq replied 8 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  RGMacEsq replied 8 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  RGMacEsq replied 8 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  RGMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

Expert:  RGMacEsq replied 8 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  RGMacEsq replied 8 months ago.

Hello?

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