Robocalls are a clear & present threat to public safety.
Robocalls are a clear & present threat to public safety.
I am not an attorney. Just speaking from experience, making commentaries on occurrences that I have been subjected to by these foreign overseas telemarketers. This litigation is a way to send a message to stop with the tsunami of illegal telemarketing calls to my DNCR phone number.
These telemarketers and or lead generators have access to public data information and attempt to manipulate the conversation to think that "you" provided this information. My seniors -- be leery please. These people have the gift of gab - that's why they get hired with the sole intent to scam you!! To them, that's their way of life in their country. I make comments about my experiences and their attorneys want to sue me and play that intimidation card. As they say in the legal world - "govern yourself accordingly" or you may get a counter suit that may cost you a retirement fund.
Under the TCPA, a text message is a call. Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016).
47 U.S.C. 227(c)(3)(F) allows statutory damages at $500.00 per call. 47 U.S.C. 227(c)(5) allows for every willful and/or knowing violation to be trebled up to an amount of $1,500.00 in damages for each knowing and or will violation of 47 U.S.C. 227(c)(3)(F). In a mathamatical sense - if you get 20 robo calls while being on the Do Not Call List that is $10,000.00 dollars @ $500 per call - the Court can treble the amount if they find evidence that Defendant(s) acted willfully and or knowingly - thats $30,000.00 dollars if trebled. 20 calls x $1500.00 = $30,000.00 dollars!
The private individual or business phone subscribers who get their number cloned per se, subscribe to a VoIP provider, i.e. Comcast, Peerless, Bandwidth etc who in turn have access to the private subscriber's information. The telemarketers have a calling platform that they use to call consumers locally and spoof the subscriber's number -- that's why people get return call-backs and inquire "I just got a missed call from this number." But it's the spoofer that called them.
I am looking forward to having one of these TCPA bully cases appealed to the 5th Circuit Court of Appeals - or even on a Writ of Cert - on my bucket list to argue before the 5th Circuit or United States Supreme Court. Living on borrowed time - but I think we all are in this age. I had one of many attorneys read me the riot act and how they were going to file a libel suit, attach my assets, garnish and obtain a judgment, quoting other circuit court cases and U.S. Supreme Court caselaw on how my website violates the law. I respectfully asked him to send me the Supreme Court case and I am still waiting on it -- a couple wanted me to dismantle this site instantly - well - they gave me 72 hours -- ACLU would have fun with such argument.
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