Money For Lunch Article

Originally posted HERE

Author:

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

August 7, 2018 12:00 PM

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

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

POLITICAL ROBOCALLS TO CELL PHONES

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

Great article turning the trick on telemarketers

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

recent success story. I love these emails

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.

Telemarketers use of robo calls- liability

(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).

What politicians will do for headlines

NEW YORK – NEW YORKERS should be banned from talking on cell phones when crossing the road, a state senator says, citing examples of distracted pedestrians walking into vehicles and even fountains. A bill introduced by state Senator Carl Kruger would make it illegal to talk on phones, read Blackberrys, listen to iPods or use any other electronic device while crossing the street.
Read more on Straits Times

Why would someone want to buy this book?

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

THE POLITICAL SEASON

As we get close to election time, the phone banks will be dialing for business. When will these attention deficit politicians understand that a pathetic recorded message does not win them any points; rather we get annoyed with their entire message. That an unsolicited call does not win them any vote; we simply turn off to the candidate. Those reminders that seem to catch us at the wrong time only disdains the political process, it does not make us more informed.
The most intriguing questions regarding politicians and the DO NOT CALL REGISTRY are:

1. Must campaign calls honor the DO NOT CALL list?

No. Political calls are exempt.

2. Can politician telemarketers use pre-recorded messages?
If they’re using the classic prerecorded messages, I believe they’re in violation of 47 U.S.C. Section 227:Subpart L–Restrictions on Telephone Solicitation §64.1200 Delivery restrictions.

1. No person may:
1. Initiate any telephone call (other than a call made for
emergency purposes or made with the prior express consent of the
called party) using an automatic telephone dialing system or an
artificial or prerecorded voice,

2. Initiate any telephone call to any residential telephone
line using an artificial or prerecorded voice to deliver a message
without the prior express consent of the called party, unless the call
is initiated for emergency purposes or is exempted by §64.1200(c) of
this section.

Before you bring the Republican or Democratic Parties into small claims court, contact the Attorney General of your state and get their take on it. So far the answers have varied depending upon who you talk with. Ah, those politicians. They make the rules, but make it so they don’t have to follow them.

Cell phones and suing telemarketers

Since I am involved in suing telemarketers, periodically I get friends and do-gooders informing me that my cell phone is going to get bombarded by telemarketing calls because the cell phone data bases are going to be released to telephone solicitors. According to the FTC, this has never been the case, would be illegal, and will never be the case. If your cell phone is your personal phone, you should be protected by the same laws as you home phone. The same way I can’t guarantee you that telemarketers will not break the law and bother you at home, I can only give to you the same advise on your cell numbers. There will be solicitors who will break the law; no way around it. But you will have the same rights to sue telemarketers’ asses for violations to your cell number.

Have you ever received one of these e-mails from a concerned party?:
“JUST A REMINDER…In a few weeks, cell phone numbers are being released to telemarketing companies and you will start to receive sale calls. YOU WILL BE CHARGED FOR THESE CALLS… To prevent this, call the following number from your cell phone: 888/382-1222. It is the National DO NOT CALL list. It will only take a minute of your time. It blocks your number for five (5) years. PASS THIS ON TO ALL YOUR FRIENDS…”
Another version claims:
“The Federal Trade Commission has set up a “do not call” list. It is called a cell phone registry. To be included on the “do not call” list, you must call from the number you wish to register.”

First of all, the five year rule has been replaced by the earlier of lifetime or you removing yourself from the “do not call registry”.

According to the FTC, here’s what you need to know about the National Do Not Call Registry program:
• FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers are barred from calling consumers on their cell phones without their consent.
• The federal government does not maintain a national cell phone registry. Personal cell phone users have always been able to add their numbers to the National Do Not Call Registry — the same Registry consumers use to register their land lines — either online at www.donotcall.gov or by calling toll-free 1-888-382-1222 from the telephone number they wish to register. Registrations become effective within 31 days of signing up and are active until removed. There is no cut-off date or deadline for registrations.
• Business-to-business calls are not covered under the Registry.