Ike
2/13/2007, 10:19 AM
I found this to be highly interesting...
http://redtape.msnbc.com/2007/02/suing_telemarke.html#posts
When André-Tascha Lammé was granted a judgment of $3,500 last month in a Sacramento, Calif., small claims court, he heard gasps.
“You could hear people in the courtroom saying, ‘You can sue telemarketers?’” he said. You can. In fact, you can make some decent cash for your trouble.
Lammé started getting pelted with calls from mortgage brokers last year, just as his adjustable rate mortgage was about to reset. Like many consumers, he quickly reached the boiling point over the frequent interruptions. But unlike many consumers, the computer programmer took the time to educate himself – perhaps owing to the spirit of his grandmother, a lawyer for several decades – and quickly discovered the Telephone Consumer Protection Act.
“It specifically deals with unwanted calls,” he said. “For each violation, there is a $500 penalty.” Who gets that money? The call recipient. Lammé read on and found he didn’t have to hire a high-priced attorney to pursue the penalty fees – he could file the case himself.
...
Suing a telemarketing firm might sound like a paperwork headache beyond the means of most people, but it’s not, said Lammé. Small claims court papers are easy to file, he said. In Sacramento County, he doesn't even have to walk down to the courthouse. He can file online.
"It only took me five or 10 minutes to file," he said. "No more than a half-hour total."
In two prior cases, Lammé didn't even have to go to court. Two other companies settled with him for about $2,500 after he filed his case.
http://redtape.msnbc.com/2007/02/suing_telemarke.html#posts
When André-Tascha Lammé was granted a judgment of $3,500 last month in a Sacramento, Calif., small claims court, he heard gasps.
“You could hear people in the courtroom saying, ‘You can sue telemarketers?’” he said. You can. In fact, you can make some decent cash for your trouble.
Lammé started getting pelted with calls from mortgage brokers last year, just as his adjustable rate mortgage was about to reset. Like many consumers, he quickly reached the boiling point over the frequent interruptions. But unlike many consumers, the computer programmer took the time to educate himself – perhaps owing to the spirit of his grandmother, a lawyer for several decades – and quickly discovered the Telephone Consumer Protection Act.
“It specifically deals with unwanted calls,” he said. “For each violation, there is a $500 penalty.” Who gets that money? The call recipient. Lammé read on and found he didn’t have to hire a high-priced attorney to pursue the penalty fees – he could file the case himself.
...
Suing a telemarketing firm might sound like a paperwork headache beyond the means of most people, but it’s not, said Lammé. Small claims court papers are easy to file, he said. In Sacramento County, he doesn't even have to walk down to the courthouse. He can file online.
"It only took me five or 10 minutes to file," he said. "No more than a half-hour total."
In two prior cases, Lammé didn't even have to go to court. Two other companies settled with him for about $2,500 after he filed his case.