Income from suing telemarketers?

Van Living Forum

Help Support Van Living Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

TrainChaser

Well-known member
Joined
Jun 14, 2016
Messages
2,260
Reaction score
1
I am on the Federal Do Not Call List, and have been for several years.  I know there are groups who CAN call you legally (mainly politicians and non-profits), but I still get a lot of them that are just selling services.  I looked up the number that just called me, and there were other complaints.  There was also a post about suing them, #1 below.  Then I looked up How to Sue a Telemarketer", #2 below.
 
Does anyone know if this is true?  Do you know if anyone has succeeded, or what you have to do, or are there particular types of attorneys that handle this, or if it's just a waste of time?

I think it would be a real hoot to finance your boondocking and travels by suing this trash!

#1-- "Autodialers are illegal under the Telephone Consumer Protection Act (TCPA), which gives you the right to sue them in any court (without paying for a lawyer!) and get at least $500 per call and $1,000 per call if your phone is on the national Do-Not-Call registry. But before you can sue them, you have to "play customer": sound like you're interested in whatever they're selling and keep them on the phone long enough to get the name of their business and an address and city they're in. Above all, you need their address so you can serve them with legal notice that you're going to sue them. One way to get their address is from their URL.  It might even mean ordering their service--carpet cleaning or air-duct--for example--and talking to the people who come out to do the work, who are, in this case, probably not the ones who are making all the calls but who will lead you to them. Suing illegal telemarketers requires a bit of interesting detective work that can pay lots of $$$. I know people who make $70,000/year suing illegal telecallers."  http://800notes.com/Phone.aspx/1-253-618-6935

#2 --  How to Sue a Telemarketer, and found this:
http://www.impactdialing.com/2012/05/how-to-sue-a-telemarketer/
 
No reason it couldn't work but there is substantial risk, if you screw something up, that you'd be nailed with attorney fees for the other side and there goes your income for the year. You also would need to put at least $500 into each case for filing fees and process service, etc. Small claims might be a safer option.
 
Lawsuits only make the lawyers money. Just about everyone else loses. Not worth it
 
I just read thru the example case where he sued and settled. As I was reading it, at multiple points, I had the thought that I'd rather be sticking pins under my fingernails than going through all of that.

But on top of that, my experience with small claims court is that it's not hard to win a case with merits, but actually collecting a single penny is an entirely different story. There's basically no mechanism to force payment other than YOU paying a yearly fee to keep the judgment lien current in hopes the other party dies and you can attempt to collect off the estate. But then that depends on what type of lien you pay to get, which varies, so perhaps you'll just be waiting on the sale of the business, because any LLC would protect personal assets of the owner...
 
Lawsuits of any kind are high stress. Why the heck would you want to put yourself through that?

I've personally turned down the opportunity to sue for millions, with all lawyer fees guaranteed covered. Wasn't worth it.
 
Good luck collecting from someone that makes a career out of ignoring laws.
 
"Good luck collecting from someone that makes a career out of ignoring laws."

That's probably a very accurate thought.

And we can't just kill them, either.

DARN! There's a catch to everything......
 
I used to work for the Fed. Sometime we perform fraud investigations from telemarketer to find out that that their were off our jurisdiction. In the computer age you can have VOIP and assigned any number you want that is available. The number may be an Arizona number, but the caller was in Israel or somewhere else. Best bet to hang up and block them. or do like me, if I don't know your phone I just don't answer it
 
Top