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Suing Telemarketers

Want to know how to sue telemarketers? Suing telemarketers is easy. You just need to understand the laws.

Most people have experienced it--that annoying ring of the phone just as dinner goes on the table. When you answer, you find it's not a call from a friend or family member, or even from work. It's someone calling to sell you something--a telemarketer.

If you are frustrated by the number of telemarketing calls you receive, or annoyed by the barrage of hang-ups and "dead air" calls by automatic dialers, you're not alone.

The good news is that new laws have thwarted invasive telemarketing practices. A national Do-Not-Call registry offers a simple and effective way to block unwanted solicitations.

There are many other laws on the books to discourage irresponsible telemarketers.

For example, did you know that the FCC prohibits sending unsolicited fax advertisements unless the recipient grants the sender permission to fax the advertisement?

Did you know that telemarketers can only make calls to residences between 8 a.m. and 9 p.m. unless they have your prior express consent or you have an established business relationship with them?

Did you know that a telemarketer cannot place a call to a residence using a prerecorded commercial message unless the called party consents or the call is for emergency purposes?

Major federal laws that regulate telemarketing include the Telephone Consumer Protection Act of 1991 (TCPA) and the Telemarketing and Consumer Fraud Abuse Prevention Act.

Filing a Lawsuit Against Telemarketers

Consumers now have the right to sue a company in state courts in order to stop solicitation calls and/or receive monetary damages. By statute, you can receive up to $500 in damages per violation or, if the court finds that the company willfully or knowingly violated the new do-not-call regulations, up to $1500 in damages per violation. You could also receive actual monetary losses; the court has complete discretion in setting damage amounts for such cases.

If you want to take action against a company that continues to call you, make sure you have evidence to back up your claim. For example, send a certified letter, return receipt requested, demanding to be placed on the "do not call" list. Keep a copy of the letter and the return receipt as proof. Also, keep a log of all calls.

If you are ready to sue a telemarketer, determine whether you can sue in small claims court. This can save time and money.

There are many other good resources on the Internet regarding suing telemarketers. Here are a couple of good "how to sue telemarketers" links:

 

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