President Donald Trump signed a bill on Monday that increases fines on criminal robocall violations and cracks down on companies making the calls, as part of a federal push against telephone scammers.

Originally Posted Here: https://apple.news/ATRu-2MmUShKdj7DBAj0Uvg

(CNN)President Donald Trump signed a bill on Monday that increases fines on criminal robocall violations and cracks down on companies making the calls, as part of a federal push against telephone scammers.”This historic legislation will provide American consumers with even greater protection against annoying unsolicited robocalls,” the White House Office of the Press Secretary said of the TRACED Act. “American families deserve control over their communications, and this legislation will update our laws and regulations to stiffen penalties, increase transparency, and enhance government collaboration to stop unwanted solicitation.”The move comes as part of crackdown against the targeting companies and individuals who have collectively placed more than 1 billion unwanted calls for financial schemes and other services. Monday’s bill, which passed in the Senate in May and the House earlier this month, came following the Federal Communications Commission’s announcement of a nationwide crackdown on illegal robocalls in June.The legislation imposes stiffer fines of as much as $10,000 per call on robocallers who knowingly flout the rules on calls and instructs the FCC to develop further regulations that could shield consumers from unwanted calls.It will also accelerate the rollout of so-called “call authentication” technologies the industry is currently developing, which could cut down on the number of calls coming from unverified numbers.Sen. John Thune, a South Dakota Republican and cosponsor of the bill, pointed to its bipartisan support in a statement earlier this month anticipating the President’s signature.”I have yet to meet someone who says they enjoy receiving those unwanted and illegal robocalls that plague our phones, whether we’re at home, at work, or in the car, which is why the TRACED Act takes several important steps in the fight to curb this scourge,” he said. He called the measure “a significant win for consumers in every corner of the country, and it finally and officially puts illegal robocallers on notice.”Massachusetts Democratic Sen. Ed Markey said that, by passing the legislation, the Senate “sent Americans a holiday gift on everyone’s list: stopping the plague of robocalls.””The annoying and harassing robocalls we receive every day are neither a Democrat nor Republican menace; they are a universal menace,” he added.The law isn’t the only measure being taken to target the calls. The FCC voted in June to give wireless carriers like Verizon the green light to block unwanted robocalls automatically for all customers. In August, 12 of the nation’s largest telecommunications companies and attorneys general from all 50 states plus Washington, DC, announced a voluntary agreement to prevent and punish illegal robocallers.

CNN’s Brian Fung contributed to this report.

Originally posted HERE

Author: Yus Rivero

Lawyer Stephen I. Ostrow – How To Sue A Telemarketer!

The courtroom has proven a natural setting for Steve’s East Coast wise-guy style. a business and real estate attorney, combining his comic wit with a non-traditional law practice that helps clients assess both the emotional costs of legal matters and the financial and business implications.

Ostrow has served as a small claims judge in Los Angeles and San Diego Counties,
Steve has achieved success in the celebrity look-alike and improvisational worlds. International Celebrity Images presented him with the prestigious Reel Award for Big Mouth Comedy for his Kramer impersonations. He has performed at conventions across the globe and made appearances on the Tonight Show, Jimmy Kimmel and The Ellen DeGeneres Show. In his capacity as both a lawyer and a celebrity impersonator, Steve has been interviewed by The San Diego Union, The San Diego Weekly Reader, Duke Magazine in Australia, the Long Beach Telegram, and Las Vegas Magazine.

Never one to quit while he was ahead, Steve’s latest adventure is as the author of the new book How To Sue A Telemarketer: A Manual For Restoring Peace On Earth One Phone Call At A Time.

“I wrote this book for all the good, kind and ordinary people of the world who simply want to have a quiet dinner, or a beer and watch a basketball game, without getting interrupted by someone who doesn’t give a damn about them,” says Ostrow. “My book shows the reader how to sue telemarketers step by step.”

To date, Steve has successfully sued, or settled, won and collected, over 10 judgments against telemarketers.

Today, Steve works out of his law office in Cardiff-by-the-Sea, where he manages to blend a lifestyle of being both a comic and a top-notch lawyer — all while living the California dream, in his fashionable collection of aloha wear.

FCC PLANS $2.9 MILLION FINE AGAINST ONLINE COMPANY FOR MAKING POLITICAL

ROBOCALLS TO CELL PHONES

Investigation Shows Continued Invasion of Consumers’ Privacy

Washington, DC – The Federal Communications Commission plans to fine Dialing Services, LLC $2,944,000
for allegedly making numerous illegal “robocalls” to mobile phones. These robocalls contained artificial or
prerecorded voice messages on behalf of political campaigns and candidates. The Commission had
previously cited Dialing Services for making more than 4.7 million robocalls to mobile phones without
consumer permission during the 2012 election cycle.
“Robocalling cell phones without a consumer’s consent is not only annoying, it is unlawful,” said Travis
LeBlanc, Acting Chief of the Enforcement Bureau. “The FCC is committed to protecting consumers from
harassing, intrusive, and unwanted robocalls to cell phones, smart phones, and other mobile devices.”
Dialing Services, LLC, of Roswell, NM, operates a website (dialingservices.com) that offers robocalling
services to third-party “clients,” including political candidates. These clients pay Dialing Services to make
calls that deliver an artificial or prerecorded voice message to telephone numbers of the clients’ choosing.
The company advertises that through its services, its clients can “Reach thousands, hundreds of thousands or
even millions of customers with your personal message.”
In March 2013, Dialing Services received a citation from the Enforcement Bureau for making more than 4.7
million robocalls to mobile phones without consumers’ permission during the 2012 election cycle. The
Bureau warned Dialing Services that if the company continued to make unlawful robocalls in the future, it
could be held liable for penalties up to $16,000 per call. The Commission has now found that Dialing
Services apparently continued to engage in the same practice, making at least 184 additional robocalls to
consumers’ mobile phones. The $2,944,000 fine is the maximum penalty for these 184 calls.
The Telephone Consumer Protection Act, enacted by Congress in 1991, outlaws robocalls to mobile phones
except in two limited circumstances: (1) calls made for emergency purposes, or (2) calls made with the prior
express consent of the called party. There is no general exception for political calls to mobile phones.
For more information about the FCC’s rules protecting consumers from unwanted calls and faxes, see the
FCC consumer guide Unwanted Telephone Marketing Calls. For information about other communications

---

 issues, visit the FCC’s Consumer website, or contact the FCC’s Consumer Center by calling 1-888-CALL-
FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or by
writing to:
Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554

FCC PLANS $2.9 MILLION FINE AGAINST ONLINE COMPANY FOR MAKING POLITICAL
Washington, DC – The Federal Communications Commission plans to fine Dialing Services, LLC $2,944,000
for allegedly making numerous illegal “robocalls” to mobile phones. These robocalls contained artificial or
prerecorded voice messages on behalf of political campaigns and candidates. The Commission had
previously cited Dialing Services for making more than 4.7 million robocalls to mobile phones without
consumer permission during the 2012 election cycle.
“Robocalling cell phones without a consumer’s consent is not only annoying, it is unlawful,” said Travis
LeBlanc, Acting Chief of the Enforcement Bureau. “The FCC is committed to protecting consumers from
harassing, intrusive, and unwanted robocalls to cell phones, smart phones, and other mobile devices.”
Dialing Services, LLC, of Roswell, NM, operates a website (dialingservices.com) that offers robocalling
services to third-party “clients,” including political candidates. These clients pay Dialing Services to make
calls that deliver an artificial or prerecorded voice message to telephone numbers of the clients’ choosing.
The company advertises that through its services, its clients can “Reach thousands, hundreds of thousands or
even millions of customers with your personal message.”
In March 2013, Dialing Services received a citation from the Enforcement Bureau for making more than 4.7
million robocalls to mobile phones without consumers’ permission during the 2012 election cycle. The
Bureau warned Dialing Services that if the company continued to make unlawful robocalls in the future, it
could be held liable for penalties up to $16,000 per call. The Commission has now found that Dialing
Services apparently continued to engage in the same practice, making at least 184 additional robocalls to
consumers’ mobile phones. The $2,944,000 fine is the maximum penalty for these 184 calls.
The Telephone Consumer Protection Act, enacted by Congress in 1991, outlaws robocalls to mobile phones
except in two limited circumstances: (1) calls made for emergency purposes, or (2) calls made with the prior
express consent of the called party. There is no general exception for political calls to mobile phones.
For more information about the FCC’s rules protecting consumers from unwanted calls and faxes, see the
FCC consumer guide Unwanted Telephone Marketing Calls. For information about other communications

---

 issues, visit the FCC’s Consumer website, or contact the FCC’s Consumer Center by calling 1-888-CALL-
FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or by
writing to:
Federal Communications Commission
Consumer and Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554

I came across this article where someone set up a sting to CHARGE telemarketers money when they called him at home…..brilliant…..

http://news.yahoo.com/blogs/sideshow/-british-man-turns-the-table-on-telemarketers-by-charging-companies-to-call-him–163601948.html

Just got back from small claims court.

$900 settlement, cash in hand.

I had sued for $2000, he offered $500. I said I’ll accept half of what I want if you’ll pay twice what you are comfortable with. After two hours of histrionics in mediation (I know the drill by now — they rant, they tell the life story, I stay fairly quiet), I finally went out of the room and let him rant to the mediator. Who came out and asked if I would take $900 cash. Sure I would. It was counted out right in front of the judge, the second time I’ve had that done in front of that particular judge. They know me by now.

Also I showed your book to anybody who would listen, except defendant of course. (Pardon me, but I’m just enthusiastic about this sport of telemarketer varmint hunting).

I am awaiting papers from another telemarketer who yesterday called to settle for $1000 ($500 + $250 + $250, over three months) without needing to be sued. Those are the best. They know they’re on shaky ground.

(b) Restrictions on use of automated telephone equipment

It shall be unlawful for any person within the United States, or
any person outside the United States if the recipient is within the
United States–

(A) to make any call (other than a call made for emergency
purposes or made with the prior express consent of the called
party) using any automatic telephone dialing system or an
artificial or prerecorded voice–

(iii) to any telephone number assigned to a paging
service, cellular telephone service, specialized mobile
radio service, or other radio common carrier service, or any
service for which the called party is charged for the call;

The TCPA regulates, inter alia, the use of automated dialing
systems. Specifically, the plain language of section 227(b)(1)(A)(iii)
prohibits the use of
autodialers to make any call to a wireless number in the absence of an
emergency or the
prior express consent of the called party.

Under the TCPA and pursuant to the FCC’s January 2008
Declaratory Ruling, the burden is on Defendants to demonstrate that
Plaintiff provided
express consent within the meaning of the statute. See FCC Declaratory
Ruling, 23
F.C.C.R. at 565 (¶ 10).

A real email. I googled “How to sue telemarketers”. I recently had a confrontation with a telemarketer who repeatedly called me and refused to take me off his list until I listened to his entire sell. I didn’t, I got very angry over his attempt to blackmail me and I handled the situation poorly. I felt I needed to know how to shut people like him down. Only political callers now, should be over in a week, but I anticipate future telemarketer callers, as many companies intentionally violate the “Do Not Call” list.
Thanks,

DS