Author Topic: Repeated recorded sales messages to cell phone  (Read 444 times)

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ghost

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Re: Repeated recorded sales messages to cell phone
« Reply #15 on: September 14, 2017 12:05:46 AM »
All the time?  How often do you sue

I sue every time I have a viable defendant and a colorable claim and time to prosecute the case. No demand letter, no pre suit negotiations, no mucking about. Straight to a summons and complaint and we can talk about the rest of it later. There will be plenty of time. To talk about resolution after the defendant has been served.
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aaabbb

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Re: Repeated recorded sales messages to cell phone
« Reply #16 on: September 14, 2017 05:09:50 AM »

Insurance companies don't like getting sued in these cases, so I would go hard for something around 1500-2k per call in settlement and start off at 3k per call myself.

What other industries fold relatively easily? Any experience with solar panel companies?
« Last Edit: September 14, 2017 05:39:38 AM by aaabbb »

ghost

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Re: Repeated recorded sales messages to cell phone
« Reply #17 on: September 14, 2017 12:07:12 PM »
I don't get many solar panel calls, so I don't have experience with them. Fold is relative and I doubt these guys are going to pay 2k per call easily.

I've seen lawyers fold really fast too. Often this is in the debt relief context or Rachel w card services, but it winds up being an attorney referral network and they fold fast, 3-6 months after getting  sued

I had a question for you as well, what was your interest in finding collectors that call after revocation of consent. I have talked with some inexperienced tcpa lawyers that think that is some gateway to getting treble damages and I know that is very judge/situationally dependent.

I just hear these things sometimes from tcpa plaintiff lawyers that don't mesh with my experience. Just curious.

I get wrong number collectors so much it isn't ever an issue as far as consent.
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aaabbb

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Re: Repeated recorded sales messages to cell phone
« Reply #18 on: September 15, 2017 01:55:09 AM »
I don't get many solar panel calls, so I don't have experience with them. Fold is relative and I doubt these guys are going to pay 2k per call easily.

I've seen lawyers fold really fast too. Often this is in the debt relief context or Rachel w card services, but it winds up being an attorney referral network and they fold fast, 3-6 months after getting  sued

I had a question for you as well, what was your interest in finding collectors that call after revocation of consent. I have talked with some inexperienced tcpa lawyers that think that is some gateway to getting treble damages and I know that is very judge/situationally dependent.

I just hear these things sometimes from tcpa plaintiff lawyers that don't mesh with my experience. Just curious.

I get wrong number collectors so much it isn't ever an issue as far as consent.
I've actually never dealt with a collector myself, just telemarketers. I have always assumed that revocation was at least helpful in arguing for treble damages but I don't actually know how much it factors.

Who is responsible for "Rachel with card services", by the way? I've had those calls before but I did not know who to sue. Do you know if they are the same people that send out "Allison with home protection" robocalls?

ghost

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Re: Repeated recorded sales messages to cell phone
« Reply #19 on: September 15, 2017 12:45:15 PM »
I have always assumed that revocation was at least helpful in arguing for treble damages but I don't actually know how much it factors.


That's what I figured and that is what I have heard from other lawyers. I haven't found getting treble damages to be terribly difficult. It really depends on the judge. There is no secret sauce to it.

Who is responsible for "Rachel with card services", by the way? I've had those calls before but I did not know who to sue. Do you know if they are the same people that send out "Allison with home protection" robocalls?

There is no one person, per se that is responsible for the calls. Typically the Rachel calls are being done for a debt relief type operation that wants to charge you 1200-2200 to do a balance transfer to another credit card. Often enough I have found them to be related to legal referral companies. Figuring out who it is requires you to play customer and act interested and have a credit card balance they are going to try to reduce.

The alarm calls are frequently related to companies like alliance security and smaller copycat type companies.
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