The Sweetest Way to Sue Telemarketers and Win

Sue Anyone in Small Claims Court The Sweetest Way to Sue Telemarketers and Win

The Sweetest Way To Sue Telemarketers and Win

suing ATT in small claims court with an app

You don’t want to miss a call every time your phone rings, so you race up to pick your phone, say ‘hello’, and…

It’s a telemarketer.


Unwarranted robocalls like this should never end at a hang-up with some swear words and brief rage. You should sue that telemarketer and take steps to ensure it never happens again, especially if your number is registered under the national Do Not Call list.

Let’s guide you through the hurdles you will face and the steps you can take to make this happen. We’ll also introduce you to DoNotPay and how you can sue anyone at the convenience of your home.

Why You Should Sue A Telemarketer

You may be wondering what’s in it for you as you decide whether to sue a telemarketer. Here’s are some pretty solid reasons to do so:

  1. Sue a telemarketer to earn some extra cash. Catching and suing telemarketers for small claims is a lucrative side hustle that you can do to get free cash for your next trip to the grocery or for an all-out vacation (depending on how many you catch). We’ll show you how much you can claim in the next section below.
  2. Sue a telemarketer for robocalls to stop harassment for good. In 2020, there were approximately 46 billion robocalls answered by Americans. That’s about 1400 calls every second. You’d be doing great good to help reduce these annoying statistics when you decide to pursue legal action against these types of callers.
  3. Sue a telemarketer for robocalls because it’s illegal. It’s not just annoying, it is illegal, especially if you already have your number registered on the national Do Not Call list. Some laws already forbid this type of harassment, but companies tend to take advantage of you and continue.

How To Sue A Telemarketer

Follow these steps to get your lawsuit filed and your number free from harassment:

Determine The Kind of Robocall Received

Receiving a call from a telemarketer is not the only type of robocall there is. The table below gives an accurate picture of all the types of robocalls you may receive and how often people received them last year:

Type of robocall How You Can Tell How frequently people receive them (2020)
Scam call A random number calls you and tries to establish familiarity and get you to part ways with your money, credit card details, or other vital information People in the US got 20.6 billion scam robocalls last year.
Reminders and Alerts A random number calls you to remind you of something you may have signed up for or. There were 11.6 billion robocalls that turned out to be reminders.
Financial Reminders Similar to reminders but they deal specifically with notifying you about your finances, loan subscriptions, and account balances.  People in the US got finance reminders 7.5 billion times 
Telemarketing A random number calls you trying to inform you about a product or service and pitch sales to you.  5.9 billion telemarketing calls were received last year. 

Register Your Number on The National Do-Not-Call List.

The national Do Not Call registry was created by the US government for citizens to officially exempt themselves from being targets of robocalls.

All you need to do is to input your mobile number and register. You can visit the site to check if you feel you may have registered before but are not certain about it.

Give a 1 month Grace Period

Legally, this is the amount of time you should permit the company to opt you out of their call list.

Any call made within this period can not be reported, but you can ask the caller for their company name and request that they add you to their no-call list.

Report and Sue the Telemarketer

If you receive a telemarketing call from a company after the 30-day period is up, you should take these steps:

  • Record the call conversation, and inform the other party while on the phone that you are doing so.
  • Prepare and keep a copy of your call log containing their calls.
  • Report this incident to the National Do Not Call Registry.
  • You can receive up to $500 for each violation of the Telephone Consumer Protection Act.

 

What Are The Challenges To Suing Telemarketers?

Everything is sounding pretty easy right? Make no mistake, it’s not. Here are some of the challenges you would face should you decide to sue:

  • You’d need to get the telemarketer’s correct address

This is one of the most difficult steps but having the telemarketer’s address is extremely necessary to give your case a valid standing in court.

    • First, you need the company’s address to prepare your notice to sue them.
    • You then need that address to mail your notice to them.
    • Lastly, you need the address to prove to the court that you have served the notice to them.
  • You’d need proper representation to win your case

You can sue in small claims court or get an out-of-court compensation settlement. If you cannot do this properly, you may need to get some legal help, which is a complicated process all in itself.

  • You’d also need help to get your claim

For many states, a single such call may entitle you to $500 in claims, and if the telemarketer refuses to give you details about their company during the call, you are entitled to an additional $500. If you win the case, it can be equally frustrating to get the claims paid to you. Companies may use all sorts of legally acceptable ways to delay payment.

Also, bear in mind that irrespective of how much you may have spent to pursue your case, your claims are wholly taxable if you fail to pursue the process through an attorney. 

Sue That Telemarketer With DoNotPay

If you’re worried about the financial burden of hiring an attorney, DoNotPay has got you covered. As the world’s first robot lawyer, DoNotPay can help you sign up for the Do Not Call list and pursue a small claims court case if a telemarketer violates your rights. Here’s how:

  1. Log-in to DoNotPay and select the Sue Now product
  2. Enter the dollar amount you are owed
  3. Select whether you want a demand letter or court filing forms
  4. Describe the reason for the lawsuit and submit any applicable details, including photos of the call logs

That’s all there is to it! DoNotPay streamlines the entire process for you – get your phone number registered on the Do Not Call list, generate and mail your demand letter, and receive the necessary paperwork to sue in small claims court. We also offer a feature that generates a fake card that you can give to telemarketers. When robo-callers attempt to swipe this fake card, we retrieve all their details that can help bolster your claim like address, business entity, etc.

Sue More Companies With DoNotPay

WashingtonPost covers DNP allowing people to sue companies

DoNotPay’s Sue Now product is not limited to telemarketing companies. Not only can DoNotPay handle your issues with telemarketers, but also help you sue:


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