They are not necessarily "vicariously liable" for the actions of an independent contractor. Now if the call centers are owned by them and the employees were acting in furtherance of their employer's business, then yes, that would not be an issue.
+3
jo me
Plz see FCC 13-54. This declaratory ruling was made specifically so we can go after businesses that hire centers from overseas etc. A recent ruling fromt the 9th circuit has made it slightly more difficult as it defines what constitutes an independent contractor. Still, these scum companies who think they're getting away with hiring a separate call center can be gone after if you play your cards right.
+2
incredibly annoyed
| 4 replies
I know this is an old thread but I get these calls a few times a week on our office line. It is insane, I have told them every time that it is a business and they say ok we will removed you from the list, they call again within a few hours. Biggest problem is that it comes up as a local call with a persons name. Drives me crazy!!
First - the person you're talking to probably doesn't have access to the autodialer. Assuming they will remove your number from the list, it might take a while (I wouldn't bank on it, though). Is the length of the call really short? If the interaction is short enough, some autodialers will put your number back into the pool - and you get a call again. If the conversation is long enough (1-2 minutes), the autodialer will be less likely to re-dial the number.
For my business line, I can transfer the call to a auto-attendant that will try to have a little conversation with them. It keeps them on the line longer, so it wastes their time and I don't get as many repetitive calls from the same telemarketer.
Of course, you could let them come to your office so you can tell them in person. Then they will have wasted an entire trip and they would really be stupid to call you again.
I"ve found that if I answer and ask questions in Spainish or when I pick up and say "This call may be recorded for quality control purposes" (they hang up right away) It has reduced the calls from the same number. Course I don't do it often cuz I prefer going after them in court
I always tell any "solar" callers I pay rent, then say I don't think the landlord is going to cut down all the trees. That usually stops those type of calls for at least a month or longer. I do pretty much the same with the "reduce your energy bill" calls too. I tell them my Utilities are included in my rent.
-3
Robert
| 8 replies
I get Solar calls once per month. And each time I tell them I live in an apartment building and can't get solar. Take me off the list. They say they will and I get another call the next month. Once I even told them to show up for an 'estimate'. I was immediately switched to another party who got rather nasty with me when he googled my address and <guess what?> found it to be an Apartment building. "Now take me off the LIST!!!". Nope, another month goes by and here comes another call. Number now blocked.
If you have the number, that's where you SHOULD be posting - the thread for the number that called you.
+4
Becca
Well, I just posted (and reported) a call from a 970 area code that came in on my cell phone. "Jason" from "American Solar" was calling homeowners in the area about solar, and wanted to know if I was the homeowner. (Note the use of 'the' rather than 'a'; it's a subtle linguistic trick to imply that the call is targeted. I'm not the homeowner. The Doctor is, but the closest that my cell number came to being associated with paperwork is that our realtor had my digits while we were house-hunting.)
If it hadn't already been a very long and exhausting day, I would've played the call like a cheap guitar, looking for information that could go into a lawsuit. Tonight, I was just too wrecked. (Next time, though ...and there will be a next time.) However, I did manage to find some interesting tidbits. It appears that "American Solar" also makes calls using the name "Solar America", and both of them are reported to be linked to Momentum Solar. (American Solar of Annandale, VA actually has a disclaimer on their contact page, as they've been trying to get to the bottom of these calls as well.) I don't know if Lead Genesis / Rayosun is associated with any of these names, but I thought that it might be useful to add my findings to the general information here.
My apologies if this is rambling or disjointed. Frankly, I'm kind of amazed that I still have two functional brain cells to rub together. :)
+3
Andrea Patterson
I already have solar yet they call me all the time trying to sell me solar, next time they call I sm going to set up an appointment and show them my panels, hopefully they will stop bugging me then.
+2
Robert
| 1 reply
I get these calls monthly. And each time I tell them to remove me from their list as I live in an apartment building. They say 'Ok. And a month goes by and I get another call.
Reply to topic