Sue Telemarketers Overview
Can I really make money suing telemarketers in small claims court?
Yes, in many cases! You can also forcefully recapture your telephone and your privacy.
Few consumers know that under the Telephone Consumer Protection Act of 1991 (TCPA)*, a company that calls you without your permission or without a prior business relationship must remove your name from their calling list immediately after you ask them. Armed with this little-known law, you can banish telemarketers from your life. If the company calls you again, you may sue them for $500 for the first violation and for triple damages for each violation thereafter. You can also collect $500 plus triple damages if you can prove other violations. And even if they never call you back, you can still take action against the company for damages. For example, the law requires that the company maintain a “Do Not Call List,” and a written “Do not Call Policy” which they must provide to you on demand.
Since most companies do not have a written policy, they can be sued for not providing a copy of the policy. The words “on demand” are critical to the interpretation of this law. It is the same wording used in the California Vehicle Code requiring you to provide your driver’s license to a police officer. Legally the company must comply with your request for the “Do Not Call Policy” under ordinary standards of reasonableness. We think five working days is reasonable, although a strong case could be made for demanding the policy via fax or overnight courier.
Click here to see the violations for which a telemarketing company can be sued.
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