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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