WDAY News 6 – In light of a telemarketing lawsuit brought filed against them, seven (7) telemarketing agencies in California, Kansas, Ohio, and Florida have settled with the state of North Dakota. Like the companies discussed in previous posts, these telemarketers used prerecorded messages to make telemarketing calls. The settlements ranged from $1,000 to $5,000.

That’s all? The TCPA two (2) separate portions for Private Right of Action. One portion pertains to subsection b) “Restrictions on use of automated telephone equipment”, and the other to subsection c) “Protection of subscriber privacy rights”. Each subsection allows for the collection of $500 per violation of that subsection (b or c). Furthermore, if you can prove that the telemarketer “willfully or knowingly” violated the subsection, the recovery amount could be increased to up to $1,500 dollars per violation!

So if you get a prerecorded phone call to your cell phone, and you are on the Federal Do Not Call List, then the telemarketer has violated both subsections of the TCPA and you are eligible to sue for $1,000. Then, if you can prove that the defendant “willfully or knowingly” violated the TCPA, you are eligible for up to $3,000. If they called you ten (10) times and they always violated both sections, you are eligible for up to $30,000!!!

How do you prove that they “willfully or knowingly” violated the subsection? Well…It could be possible that you recently were put on the Do Not Call List. In this case, the telemarketers may not have updated their database, which is required every month or so, and therefore they did not willfully or knowingly violate this subsection (Subsection c). However, if you ask them to put you on their “do not call list” the first time they call you, and they call you again, no matter what period of time has passed, then you could potentially prove that they “willfully or knowingly” violated this subsection of the TCPA.

As far as Subsection b goes, there is really no excuse that could prove the defendant did not “know” they were violating the law. If you get pulled over by a police officer for speeding, and your excuse is “I didn’t know the speed limit”, are you likely to not receive a ticket? No…you will most likely become a subject of laughter. Ignorance is not an excuse to break the law. As such, it is not difficult to collect an increased amount (up to $1500 per violation) from lawsuits against telemarketers using automated equipment.

If you have questions or comments regarding the collection of evidence or a telemarketing lawsuit, in general, feel free to contact me via the Evidence Entry Form.

Telemarketing Agency A

(517) 931-2107: (11/13/2008) Determined the end marketer for this phone call was Automotive Warranty Solutions.

(616) 980-2687: (11/18/2008) Call terminated.

(231) 732-2960: (10/28/2008) Call terminated. Google results show the number led to Saferide Warranty, Inc. for one telemarketing victim.

Telemarketing Agency B

(269) 768-2397: (11/17/2008)

(616) 980-2687: (11/15/2008)

(269) 768-2399: (11/6/2008)

Automotive Warranty Solutions

The following is a call log from the 11/13/2008 phone call placed to an unnamed party from Telemarketing Agency A.

Recording: “this is the third and final notice that the factory warranty on your car is about to expire…Press one to…” Did not identify name, contact information, etc..

I pressed one (1) and was transferred to a representative who took down my name and vehicle information. He then transferred me to Mr. Carlos Dean. Mr. Dean was going to get more information from me so that he could get the best warranty for me. He proceeded to tell me about the cost of the policy and said it would be $495 now and then a monthly payment of 139.17 for 18 months. He said that the warranty would be for 4 years or 100,000 miles. He told me I could pay by credit/debit card or electronic check. I then told him that I was uncomfortable giving my credit card information out over the phone/Internet, and he stopped me and said that he understands my fear of identity theft, etc… but that his company was backed by the Better Business Bureau and was FCC certified, etc… he then told me that the call was being recorded so that there was a record and all my information would be secure. This was the first time I was made aware that the call was being recorded. I then asked him about the electronic check. He told me I just give him my routing number and my account number and then void out that check. He said, for my records I could make the check out to “Automotive Warranty Solutions”. This was the first time I was informed of who was actually calling me. I proceeded to ask for an address where I could send the check and he told me that I could not mail in the check and I would have to pay by the aforementioned methods or I would not be able to get the warranty. I told him I did not have my car or checkbook with me and then asked for a number that I could call back when I get off of work. He did not easily give up that phone number. After some persuasion, he provided me with a phone number at which I could reach him. I told him I would call back before 6.

During my conversation with Mr. Dean, he did not notify me that I was being recorded until approximately 5 minutes into the phone call.

Called From: 5179312107
Call Back:18003765688
Rep: Carlos Dean
Ext: 1678

 Research provided the following information:

Owner: Ralph Mancuso

Address: 6501 Congress Ave., Suite 140, Boca Raton

What You Can Do

1) Determine the category of the telemarketing phone call of which you believe you are a victim (i.e., phone calls offering cruises).

2) Submit valuable information such as:

• Telephone number from which you have been called
• Detailed description of what happened during the phone call (i.e., what the recording said, what you said, etc…)

3) Provide answers to the following questions:

• Was there a prerecorded message when you picked up the phone?
• Was the call placed to a residential phone, business phone, or cell phone?
• Did the recording/person clearly, at the beginning of the call, state the name of the busines contacting you?
• If you were told, what was the name of the company contacting you?

4) If you wish to be a part of a lawsuit against telemarketing firms, give us a way to contact you!

Let’s try to put a stop to illegal telemarketing.

-BMo