After the 3rd call from these clowns in two days, I’m pissed off. We’re on the do-not-call list. These asshats keep calling.
Fuckers.
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After the 3rd call from these clowns in two days, I’m pissed off. We’re on the do-not-call list. These asshats keep calling.
Fuckers.
Tags:
4 Responses
If you’re a customer or have made an inquiry, the FCC carved out an “existing business relationship” exemption. If you’re not, then they are violating the law and you have a legal claim against them for violating the Telephone Consumer Protection Act, of $500 per violation, tripled if willful (and I’ve found it very easy to prove “willful” as it is defined in statute–it just means they called you on purpose rather than by accidentally dialing your number).
Next time they call, ask them (a) to put you on their company Do Not Call list and (b) to have them send you a copy of their company’s written Do Not Call policy. Their failure to comply with (b) in a timely manner (e.g., about two weeks) constitutes another violation of the law. Follow up with a letter to their general counsel, also making requests (a) and (b).
If you get another call–or even if you don’t–you can sue them, which is relatively easy to do yourself in small claims court. That tends to be extremely effective in stopping the calls.
I’ve sued numerous TCPA-violating telemarketers, and have never lost a case–though I’ve sometimes had trouble collecting judgments. Earthlink would be no problem on the collections side–it’s only the fly-by-night companies that file for bankruptcy or close up shop that get away.
Cool – thanks Jim! Hopefully they’ll stop, but I didn’t know about asking them to send me their Do Not Call policy. I’ll do that in the future.
Yeah, what he said. I’ve asked to be placed on the Do Not Call list. I will start asking for the Do Not Call Policy – that should freak them out.
Thanks for the tip!
My own experience with Earthlink as a customer is that in ten years they called exactly once to offer new high-speed service soon after it became available in my area. And I had probably asked them to notify me years earlier. They were very courteous, almost apologetic, and they never called back. So maybe you got a zealot who has not internalized the Earthlink telemarketing culture. Or maybe they have recently started outsourcing their telemarketing. Sorry to hear your experience is different.