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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 90167
Experience:  Attorney experienced in commercial litigation.
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I want to file a suit against a telemarketer that continues

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I want to file a suit against a telemarketer that continues to call over my objections. How do it proceed?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
You can file suit in civil court for up to $500 per violation if these calls are in violation of the following: Telephone Consumer Protection Act, (TCPA), 47 U.S.C. 227(b)(1)(A)(iii) prohibits calling cell phones (whether the call is from a live or a recorded message). 47 U.S.C. 227(b)(1)(B) prohibits calling landlines or cell phones with a recorded message unless the company calling has a business relationship with the recipient. 47 U.S.C. 227(b)(3) provides consumers harmed by violations of the TCPA with the right to sue the violator for $500 per violation. If the violator knowingly broke the law, the court can order them to pay up to triple damages. 47 C.F.R. 64.1200(b)(1) requires that recorded messages state the identity of the business responsible for the call at the beginning, and 64.1200(b) requires that they state the telephone number of the business during the call. 47 C.F.R. 64.1200(c)(2) prohibits calling any number on the national Do Not Call list. 16 C.F.R 310.4(b)(iii)(A) prohibits calling anybody who has previously asked not to be called.

It is generally best to file your suit in small claims court in NC, if the amount of your damages is less than $5000, since you can file in small claims without needing an attorney. To file in small claims if you go to the clerk of court's office they will give you the form needed to file to start a suit and to serve the other party. Once you complete the form and file it with the clerk your suit has been initiated.

If your damages are more than $5000, then you really will need to obtain a consumer protection law attorney locally, since there are no real forms for suing in the district court, you have to draft a "complaint" form from scratch which outlines all of the facts and circumstances and the violation committed to be filed with the court and you must then serve the defendant with a copy of the complaint and a summons to respond to the court.


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Customer: replied 1 year ago.

I have the phone number of the telemarketer which appears to be from Chicago, and I am in NC.


 


How does the Moore County, NC Sheriff's department serve the complaint?

Expert:  Law Educator, Esq. replied 1 year ago.
As they are conducting business in NC, the NC courts have jurisdiction over them and they are generally served in these cases by mail notice or they can use a process server in IL to serve them. Also, these telemarketing companies are getting smart, the telephone numbers that appear on your caller ID are usually computer generated and are not real phone numbers, so just because you have that number and it shows Chicago, you need to research some more to find out if that is really where the company is located, which is another reason NC will take jurisdiction over the case.
Customer: replied 1 year ago.

The call is computer generated with a synthesized voice. It provides two options. Press 2 to have someone call back or 3 to unsubscribe.


 


 


There is no answer when I call the number on the caller id.

The calls are to my Google Voice number which logs the number, date, time and records the message.


 


Provided the number on the caller id is phony, it would seem that I should press 2 for a call back, then lead the caller down a long and winding path while getting as much information about the company as possible??



These calls are disturbing my sleep, causing me anxiety, and doing irreparable damage to my state of mind with respect to peace and tranquility. How do I sue for more than $500.00 per violation?

If nothing else, I intend the use the process of "discovery" to compel them to produce a mountain of documents.

Expert:  Law Educator, Esq. replied 1 year ago.
I understand your complaints, we all have the same issues. You need to figure out what company this is to sue them, but you cannot sue for more than the law provides, so as much as you want to sue for more than $500 per violation, the law is what sets that amount and that is the amount you are stuck with.

You do many times have to just get the call back and get a live person on the phone and simply be nice and try to work them to get as much information about the company as possible so that you have at least the company name and address to file suit against.
Law Educator, Esq., Lawyer
Satisfied Customers: 90167
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks. Waiting for a call back so I can go phishing.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

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