Steve Ostrow has just published a book "How To Sue A Telemarketer", which could be an interesting read. It appears the book offers a DIY approach to suing the telemarketers. It has samples of legal complaints and forms, as well instructions on how to prove your case.
"Suing telemarketers can be a hobby," says Ostrow. And like collecting stamps or antiques, it can occasionally pay a hefty cash reward. "I make more money suing telemarketers than I did from this book," he says.
So, how much money could an average person get" "If the company called someone who is on the Do Not Call List," he says, "that is a $500 violation. If the consumer asks for that company's Do Not Call manual and doesn't receive it? Another $500. Did the company block its own caller ID? That will cost them another $500."
That's already $1,500. What if all these are, in the opinion of the judge, intentional efforts to thwart the consumer's right not to receive these calls, says Ostrow? Especially if the company thinks it is pulling the wool over the judge's eyes, the judge has the discretion to triple (the legal terms is treble) each of those fines. So I could make $4,500 -- and a lot of satisfaction -- for paying attention, doing a little research, documenting when I get these calls, and spending a few hours in court? That's my kind of hobby."
Peek inside
Book: How To Sue A Telemarketer
Comments
- matt| 1 replyIn many states, including mine, small claims courts have no teeth. They issue judgments and if the defendant refuses to pay up there's no way for the court to do anything about it. The plaintiff's only recourse is to take the defendant to the regular court system, a considerably more formidable task. You can only hope that once the defendant receives the summons it pays up, since disobeying a small claims court order is pretty much a slam dunk for the plaintiff. And who knows, the district court might award another treble damage.
- PatrickAlso file a comlaint with the BBB. In that compalint do not say court or lawer or bbb will run away from it.
You can word it correctly. If enough people complain the BBB listing goes way down and if they are trying to sell something it will hurt them to not resolve with you. - Telemarketer| 43 repliesI am a telemarketer, and we have to make a living for our selves. I will buy each copy of the book and burn it because telemarketers are poor people trying to survive in this bad economy. Steve Ostrow is a lowlife scumbag trying to steal from the poor telemarketers.
- dh replies to Telemarketer| 7 repliesif you are so poor, how will you be able to afford to buy EVERY copy of this book? go ahead, make your living. just do not call me!
- Kaito replies to TelemarketerBut you also have to know that, at least me, really don't like the people keep calling from time to time to sell any product, or any special offer or some s****. It's very annoying and they mostly are scam!! every time when I receive this call, I blow them back away with no mercy just don't call me again!!
- Dr Pepper replies to TelemarketerSorry Ms Telemarketer, I am constantly living check to check in which is not much of it. I instit that you telemarketer stop calling me every chance you telemarketer tried to calls me. I am not enjoying this things. I also recommends that you works for corporates office, I am pretty sure that you have a confidence with the phone-order takers. Thanks, b.t.w. Stay out of my life, and stay away from my phone! Dr Pepper-Illinois
- KrinklesTheKlown replies to TelemarketerYour industry is the second largest that the FTC receives complaints about. That other scum of the earth, collectors, is number one.
If you people played by the rules, weren't an annoyance, didn't slam, didn't cram, and didn't commit fraud, there might actually be some sympathy for you. But I have none.
Break the law, you pay the consequences. Don't whine about how you're just poor folk trying to eke out a living during hard economic times. The people who own your agency sure aren't.
Try a job as a fry cook at Mickey D's. - yeah...right| 3 repliesI have more sympathy for a crack head
- Ryan replies to yeah...right| 2 repliesYou have more sympathy for someone who doesn't have a job and steals property or cash in order to buy more crack? There are crackheads who kill others in order to feed their habit. You have more sympathy for them than telemarketers? I feel bad for you.
- barthyna replies to dh| 4 repliesi have received 8 calls from you telemarketers in violation of the do not call list. so why are you scum still calling me? i thought you are required to follow the laws in regards to the do not call list. just stop calling me, because i am going to buy that book and sue you.
- Andrew replies to RyanI think you misunderstood. Most crackheads aren't murderers. As for stealing... Telemarketers steal from people in a different way.
- LD replies to RyanThe difference being that the crackhead is struggling with addiction and therefor isn't in his right mind (granted that's no excuse but there's real suffering going on there) and the telemarketer attempts to sell as much useless crap as possible and many times knowingly violates the law in that effort.
- MTelemarketers are the garbage of society. Knowing full well that MOST people do not want these calls, they decide to take this on as a profession anyways. Then, they make the conscious decision to fully ignore the Do Not Call lists. Yeah, classy people those telemarketers.
- another telemarketer| 2 repliesI too am a telemarketer. HOWEVER, I am the one you call when your cell phone goes bad, or your having a problem of some kind. PLEASE dont label all of us telemarketers in the same boat.
- RobWhy the [***] would I call a telemarketer for any reason? I'd rather die.
I agree with the above, telemarketers are vermin. If they vanished tomorrow, nobody would miss them. Do you people harass your own family over the phone? Maybe not. To hell with the lot of you.
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