Can You Sue Telemarketers?

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By George Khoury, Esq. on April 04, 2019 3:40 PM

Ask any attorney, and they will likely agree that, yes, telemarketers are the worst. And the worst kind are the ones that use robo-dialers. It's like they don't even personally care that someone might be locked into a three-hour binge of "Cake Boss."

Fortunately, if you've had enough of it, there's a good chance that you might actually be able to take legal action, especially after you've asked for the calls to stop or signed up for the National Do Not Call Registry. It worked for those annoying cruise line calls. And it has worked for others as well.

Overly Eager Robo-Collection

A recent local news story out of Memphis highlights one woman's success at fighting back against a furniture store's rather zealous robo-collector.

Despite the fact that she was making payments for her new furniture on time, and even tried blocking the numbers she received calls from, the store's automated collections system still called her multiple times a day for two years. In end, after the maddening amount of calls, she won nearly half a million dollars.

Taking Telemarketers to Small Claims Court

Believe it or not, some people have been rather successful at taking telemarketers to small claims court. Because the Telephone Consumer Protection Act provides for penalties to the call recipient ($500 per violation), if you can track down where the call came from, you may be able to make some money off telemarketers that don't stop calling after you tell them to. Though, as one hero in the fight against telemarketing calls will attest to, it does take time and effort. But, gathering the evidence is relatively easy, and winning at small claims court is like shooting fish in a barrel, if you gather the right evidence.

Hiring a Lawyer to Fight Telemarketing Calls

If you are bombarded with telemarketing calls and have already signed up on the Do Not Call Registry, you may want to consult with an attorney to see if you can't get the calls to stop. Because the legal issues involved are rather specific, be sure to interview any potential attorney you hire to make sure they are actually experienced in handling this sort of matter.

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