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The Real Bev

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Feb 25, 2008, 5:26:12 PM2/25/08
to
Have you ever wondered what happens when you turn in one of the
telemarketing bastards to the feds? I asked. Here's what they said:

========================================================================
Thank you for your message.

While the FTC does not take action based upon individual consumer
complaints, your complaint helps us investigate fraud, and can lead to
law enforcement action. The FTC enters Internet, telemarketing, identity
theft and other fraud-related complaints into Consumer Sentinel(r), a
secure, online database available to hundreds of civil and criminal law
enforcement agencies worldwide. If you are having a particularly
difficult problem with telemarketers, other options include contacting
your State Attorney General's office, a local Better Business Bureau,
and/or your local telephone carrier.

You may wish to file complaints each time that you receive a call that
you believe is covered. If you wish to include more information about a
complaint or believe you have been the victim of fraud, you can also
direct consumer complaints to either www.ftc.gov or 1-877-FTC-HELP.

For information regarding actions the FTC has taken with regard to the
National Do Not Call Registry, please visit our online Media Center at
http://www.ftc.gov/bcp/conline/edcams/donotcall/mediacenter.html.
=======================================================================

Shorter version: "Nothing."

--
Cheers, Bev
***********************************************
We're from the government. We're here to help.

George Grapman

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Feb 25, 2008, 5:36:12 PM2/25/08
to
I have posted this before but it worth repeating. The best remedy is
Small Claims Court.7 different times I have contacted companies (it
helps if they have a presence in your state) telling them the following:

I intend to sue for $500.
If you remit $100 in 5 business days I will not pursue the matter.
If I do file I will not accept less that $@50 plus filing fees to settle.
If we go to court I will ask for the full $500 plus costs.

5 companies accepted the $100 offer. The other two took the second
option after I filed. One company called me again after sending $100.
Since I had the contact info I simply called and doubled the request.
They complied.

By the way,every so often there are stories about fines for large
scale violators.


http://www.ftc.gov/opa/2005/12/directv.shtm


Satellite television provider DIRECTV will pay $5,335,000 to settle FTC
charges that, since October 2003, DIRECTV and companies it hired to
promote DIRECTV programming have been violating the Do Not Call (DNC)
provisions of the Commission’s Telemarketing Sales Rule (TSR). This is
the largest civil penalty the FTC has ever announced in a case enforcing
any consumer protection law.

At the Commission’s request, the U.S. Department of Justice (DOJ) filed
the complaint and stipulated settlements in Federal District Court in
Los Angeles. The complaint names as defendants DIRECTV, five firms that
telemarketed on its behalf, and six principals of those telemarketing
firms. Settlements with DIRECTV and two of the telemarketing firms and
their principals were filed along with the complaint.

“This multimillion dollar penalty drives home a simple point: Sellers
are on the hook for calls placed on their behalf,” said Chairman Deborah
Platt Majoras. “The Do Not Call Rule applies to all players in the
marketing chain, including retailers and their telemarketers.”

Al Bundy

unread,
Feb 25, 2008, 5:41:04 PM2/25/08
to
On Feb 25, 5:26 pm, The Real Bev <bashley101+use...@gmail.com> wrote:
> Have you ever wondered what happens when you turn in one of the
> telemarketing bastards to the feds? I asked. Here's what they said:
>
> ========================================================================
> Thank you for your message.
>
> While the FTC does not take action based upon individual consumer
> complaints, your complaint helps us investigate fraud, and can lead to
> law enforcement action. The FTC enters Internet, telemarketing, identity
> theft and other fraud-related complaints into Consumer Sentinel(r), a
> secure, online database available to hundreds of civil and criminal law
> enforcement agencies worldwide. If you are having a particularly
> difficult problem with telemarketers, other options include contacting
> your State Attorney General's office, a local Better Business Bureau,
> and/or your local telephone carrier.
>
> You may wish to file complaints each time that you receive a call that
> you believe is covered. If you wish to include more information about a
> complaint or believe you have been the victim of fraud, you can also
> direct consumer complaints to eitherwww.ftc.govor 1-877-FTC-HELP.

>
> For information regarding actions the FTC has taken with regard to the
> National Do Not Call Registry, please visit our online Media Center athttp://www.ftc.gov/bcp/conline/edcams/donotcall/mediacenter.html.

> =======================================================================
>
> Shorter version: "Nothing."
>
> --
> Cheers, Bev
> ***********************************************
> We're from the government. We're here to help.

You can't expect the government to be your private attorney. If yours
was the only complaint on the telemarketer that they received, I
certainly hope they would do nothing and save the taxpayer's money. If
your complaint adds up with others to something substantial, then they
should act and your complaint will have been part of that action.

In fact, you didn't even have a complaint and they told you what they
would do and provided other direction.

SpammersDie

unread,
Feb 25, 2008, 7:03:11 PM2/25/08
to
> I have posted this before but it worth repeating. The best remedy is
> Small Claims Court.7 different times I have contacted companies (it helps
> if they have a presence in your state) telling them the following:
>
> I intend to sue for $500.
> If you remit $100 in 5 business days I will not pursue the matter.
> If I do file I will not accept less that $@50 plus filing fees to
> settle.
> If we go to court I will ask for the full $500 plus costs.
>
> 5 companies accepted the $100 offer. The other two took the second
> option after I filed. One company called me again after sending $100.
> Since I had the contact info I simply called and doubled the request. They
> complied.

You must have some state DNC law where you live. The Federal DNC law gives
consumers no right of private action.

George Grapman

unread,
Feb 25, 2008, 7:21:25 PM2/25/08
to
Most states have such laws and many preceded the federal law. By the
way, several companies did not take me seriously when I contacted them
until I mentioned the name of their agent for service.
In California a corporation registered with the secretary of state
must have an agent for service of process whose job is to accept legal
papers for the company. That person by law must accept all legal documents.
If they had a dba with a county the county clerk has that
information. In CA you can sue in the county where you received the call
regardless of where in the state the call originated. If the hearing is
less than 30 days after the filing papers must be served on an owner but
beyond that they can be served on any employee. It is best to choose the
latter and use the services of the sheriffs department.

George Grapman

unread,
Feb 25, 2008, 7:29:15 PM2/25/08
to
P.S. Obviously you need to know who called you. If you immediately
demand this information or ask why they violated the law they will
usually hang up or offer to put you on their internal list.
It is better to act interested for a minute and then ask for that
information.
Also, courts have ruled that a US company that outsources calls to
another country is still subject to the law.

The Real Bev

unread,
Feb 25, 2008, 10:06:51 PM2/25/08
to
Al Bundy wrote:

> On Feb 25, 5:26 pm, The Real Bev <bashley101+use...@gmail.com> wrote:
>> Have you ever wondered what happens when you turn in one of the
>> telemarketing bastards to the feds? I asked. Here's what they said:
>>
>> ========================================================================
>> Thank you for your message.
>>
>> While the FTC does not take action based upon individual consumer
>> complaints, your complaint helps us investigate fraud, and can lead to
>> law enforcement action. The FTC enters Internet, telemarketing, identity
>> theft and other fraud-related complaints into Consumer Sentinel(r), a
>> secure, online database available to hundreds of civil and criminal law
>> enforcement agencies worldwide. If you are having a particularly
>> difficult problem with telemarketers, other options include contacting
>> your State Attorney General's office, a local Better Business Bureau,
>> and/or your local telephone carrier.
>>
>> You may wish to file complaints each time that you receive a call that
>> you believe is covered. If you wish to include more information about a
>> complaint or believe you have been the victim of fraud, you can also
>> direct consumer complaints to eitherwww.ftc.govor 1-877-FTC-HELP.
>>
>> For information regarding actions the FTC has taken with regard to the
>> National Do Not Call Registry, please visit our online Media Center at
>> http://www.ftc.gov/bcp/conline/edcams/donotcall/mediacenter.html.
>> =======================================================================
>>
>> Shorter version: "Nothing."
>

> You can't expect the government to be your private attorney. If yours
> was the only complaint on the telemarketer that they received, I
> certainly hope they would do nothing and save the taxpayer's money. If
> your complaint adds up with others to something substantial, then they
> should act and your complaint will have been part of that action.

Yeah, but they don't say that. They put your complaint into a database
accessible to some number of law enforcement agencies. Period. The
only people who call me are more-or-less local home-improvement people,
the same people who hire the homeless to hang ads on your doorknob, and
I don't think the feds would be all that interested in going after them.

> In fact, you didn't even have a complaint and they told you what they
> would do and provided other direction.

I turned somebody in and then wondered if there was any point in doing
it. Apparently not. I don't want to sue the bastards, I want to see
them strung up by their privates. I don't think you can get that in
small claims court.

Probably more satisfying to just loudly berate the callers.

--
Cheers,
Bev
O_________________________________________________O
"John Wayne toilet paper -- It's rough, it's tough,
and it don't take no crap from nobody."

ChairMan

unread,
Feb 25, 2008, 11:10:20 PM2/25/08
to
In news:0oLwj.72$MK3...@newsfe02.lga,
The Real Bev <bashley1...@gmail.com>spewed forth:

A whistle works real well too


The Real Bev

unread,
Feb 26, 2008, 12:07:14 AM2/26/08
to
ChairMan wrote:

> The Real Bev <bashley1...@gmail.com>spewed forth:
>

>> I turned somebody in and then wondered if there was any point in doing
>> it. Apparently not. I don't want to sue the bastards, I want to see
>> them strung up by their privates. I don't think you can get that in
>> small claims court.
>>
>> Probably more satisfying to just loudly berate the callers.
>
> A whistle works real well too

That's in my purse, but I always have my voice and can sound really
vicious when I want to.

--
Cheers,
Bev
==================================================================
"America is at an awkward stage: it is too late to work within the
system, but it is too early to shoot the bastards." -Claire Wolfe

root

unread,
Feb 26, 2008, 5:15:01 AM2/26/08
to
The Real Bev <bashley1...@gmail.com> wrote:
>
> That's in my purse, but I always have my voice and can sound really
> vicious when I want to.
>

Not really.

The Real Bev

unread,
Feb 26, 2008, 6:48:25 PM2/26/08
to
root wrote:

:-)

--
Cheers, Bev
--------------------------------------------------------------
"Never keep up with the Joneses. Drag them down to your level.
It's cheaper." -- Quentin Crisp 1908 - 1999

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