Author Topic: TCPA violation from a resort in Cancun  (Read 879 times)

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aaabbb

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TCPA violation from a resort in Cancun
« on: October 20, 2017 11:47:25 PM »
I have received a robocall in violation of the TCPA from a timeshare company that is physically located in Mexico. Judging by their website, the business appears to be legitimate. Does their being in Mexico preclude me from suing them? Does anyone know of any similar cases with a defendant located outside of the US?

CleaningUp

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Re: TCPA violation from a resort in Cancun
« Reply #1 on: October 21, 2017 03:06:25 AM »
Sure, you can sue them.

The problem is in serving them.

And what are you going to do when you DO get a judgment to collect on it?


11181986

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Re: TCPA violation from a resort in Cancun
« Reply #2 on: October 22, 2017 05:42:46 PM »
I think first you would have to research if the TCPA even applies to alien corporations.

kevinmanheim

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Re: TCPA violation from a resort in Cancun
« Reply #3 on: October 24, 2017 12:55:43 AM »
What is the timeshare's name?

Do they have an affiliation with a US-based hotel group?

Do their advertisements include the names of any US-based companies who may profit from the calls?

aaabbb

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Re: TCPA violation from a resort in Cancun
« Reply #4 on: October 24, 2017 02:18:35 AM »
What is the timeshare's name?

Do they have an affiliation with a US-based hotel group?

Do their advertisements include the names of any US-based companies who may profit from the calls?
The timeshare seems to go by the name "Warm Tropical Beaches" which seems like a bogus name at first but when I check their website they aren't hiding their address or anything (probably because they are actually located in Mexico). This is their website: http://warmtropicalbeaches.com/

When I answered the phone the robocall claimed it was with "Hilton" but when I spoke with a live agent the name Hilton was never mentioned again and they only talked about the "Princess" and "Riu" hotels which are the ones listed under the "Promotion" section of their website. The RIU does appear to have a call center located in the United States, although I am pretty sure this call did not originate from Riu's call center. It does suggest that they have a US presence, however.

kevinmanheim

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Re: TCPA violation from a resort in Cancun
« Reply #5 on: October 24, 2017 11:43:19 AM »
I would file suit against the foreign corp. It's a little more work, but you could collect if you dug for US assets.

They aren't fly by night, so they would probably settle to avoid a judgment.

kevinmanheim

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Re: TCPA violation from a resort in Cancun
« Reply #6 on: October 24, 2017 11:44:40 AM »
Also, look at their list of resorts. They own an Omni and a Wyndham.

I would name both as co-defendants, since they benefit from the calls via franchise and other fees.

 

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