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TCPA / Re: Am I required to ask a TCPA offender to stop contacting me?
« Last post by aaabbb on Today at 10:52:46 AM »
Quote
Was curious, if it actually were to ever get in front of a judge, the likelihood that he would buy their argument & simply award $500?

No chance. If you gave them consent to contact you then yes, you have to revoke consent. If not, the judges hands are tied and he has to award $500 per call or text. However, revoking consent gives you a good argument for treble damages if they continue to call.

The FCC has already ruled on this in favor of consumers. Callers must obtain prior express written consent to place autodialed calls/texts. An electronic signature is sufficient but the telemarketer MUST inform you that your consent to receive calls is not a requirement to receive services from the company. Check the FCC rulings for October 2013 and July 2015.
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Arbitration / Re: Arbitration or Court?
« Last post by kevinmanheim on Today at 10:21:36 AM »
Exactly.  That is why it is generally a bad idea to ask the opposing counsel for info on court rules and procedures. 

One of three things could happen:  they could give the correct information, they could give no information and hope the pro se litigant messes up, or they could deliberately mislead the pro se litigant hoping that the litigant messes up.  Two of those things are bad.
A wise pro se litigant asks the opposing attorney for advice, then strategizes based on the response received. Always be polite.

Correct response: You have a weak opponent. Use that to your advantage.

No information response: Your opponent isn't a moron. Make them look like one.

False information response: Your opponent needs a lesson. Provide them a free education.


There is no such thing as being nice or helpful in litigation. Your opponent wants to ruin your case. You must ruin their case. The best way to do that is by getting inside their head and causing them to doubt themselves. Shake their confidence. Plant the idea that, if they continue the fight, the price will be higher than they can or will pay.

Find dirt on your opponent and their attorney. Sprinkle it on the filings and correspondence you create. Make them angry, frustrated and unsure. Never cross the line into being creepy or criminal. Use internet/public information to your advantage. Always be polite.

"Thanks for your email Sally. I will take a few days to consider your client's position, then get back with you.
Also, is John Simpson your husband? I think he and I met when he was working at Junkco. As I recall, he was dating that young waitress with the blue hair. I'm glad he's with someone more stable now. Please say hello to him for me."

Look around for data. You'd be amazed at how many professionals do dumb things on social media. A young collection attorney in my state posts FB comments about her cases. She thinks nothing of calling defendants deadbeats, making fun of their defenses.

In every email or letter you send to an opponent, include something they would not want a court or jury to read. Plant seeds.   
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If you don't revoke consent, your opponent can argue, often with great success, that you failed to mitigate.

I would send them a return text message next time they text. It would read: Don't send me texts.

I would not use the word STOP in the return message.
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Collector's Traps, Scams and Lies / Re: Attempted scam?
« Last post by Clydesmom66 on Today at 05:01:26 AM »
That's why they have Small Claims Courts - you don't need attorneys. Just file, serve and wait. I have done that many times.

Exactly how do you serve them when you don't even know where they are.  Odds are high the phone number is spoofed.  If there is even a mail box odds are high it is nothing more than a drop box that cannot be legally served.  Often these scammers are not even in the USA. 

So why would anyone want to waste the filing fee hoping to catch the phantom and little to no hope of collecting? 
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TCPA / Am I required to ask a TCPA offender to stop contacting me?
« Last post by tijuanasam on Today at 05:00:49 AM »
For reasons unknown...I've recently started receiving unsolicited spam SMS/text messages. I've probably received 10-12 over the last couple months from a business that, from a little research, seems to be a serial offender.

So...if I decide to sue, they're undoubtedly going to say that they 'might' agree to settle for $500, based on the 1st message...but as far as asking for damages for all 12, they're most certainly going to argue..."you could've simply just asked us to stop texting you," taking the position that I had some type of 'duty' to stop their continued marketing.

Was curious, if it actually were to ever get in front of a judge, the likelihood that he would buy their argument & simply award $500?

And, before people ask, no...I haven't given this number out as a contact before & it's not associated w/any; accounts, contest entries, etc. I made the mistake of answering a few ADAD calls & now am seemingly a target of rogue marketers.
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Collector's Traps, Scams and Lies / Re: Attempted scam?
« Last post by Moonshine Maker on Today at 04:48:04 AM »
Yes in theory it is great idea to go after them.  But is it really worth the time?   Perhaps he can find some assets first before he chases them.  I own two large awards for people doing stupid things. Even with my time at $10 / hour I have lost money chasing them. I have renewed them and hope one day to get lucky. I get atleast 2 or 3 for these bottom feeder calls ever year. I just ignore them. Now real jdb I do pursue and have collect money from.
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The only problem with that is you can only have two months of of exempt money in a bank account. Any amount over the two month amount is subject to garnishment.

Then read "Making Yourself Judgment Proof" in the Flyingifr Method. There are ways to hinder bill collectors from getting nonexempt funds. If they can't find it they can't grab it, and if they do find it what is there today can be zero tomorrow.
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Collector's Traps, Scams and Lies / Re: Attempted scam?
« Last post by Flyingifr on Today at 04:13:46 AM »
With all due respect, while yes you are technically correct, I'm just trying to give him the reality of the situation. These actions are classic activities of the here today gone tomorrow scammers. I hold a few default judgments for cases that were a lot stronger than these and I can't even sell them at a deep discount because the probability of collecting is about zero. If the OP can find a consumer atty willing to take the case, then by all means he should. But that probability is also next to zero if the atty has any experience at all.

That's why they have Small Claims Courts - you don't need attorneys. Just file, serve and wait. I have done that many times.
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Arbitration / Re: Arbitration or Court?
« Last post by CleaningUp on Today at 03:54:08 AM »
Yes, he was being a jerk, but after you blew off his attempt to open settlement discussions, what else would you reasonably expect?

It customary, even a requirement, for the Court to give some slack to the pro se litigant.  That is not something to which the opposition's attorney is held. Indeed, it is that attorney's right to humiliate you as long as he does it civilly.

A strong argument could be made that YOU were the offensive party by not cooperating in settlement discussions, as settlement of disputes is the sole purpose of civil courts.

Let this be a specific lesson to you that you better know the civil procedures thoroughly by the time you argue any motion to compel arbitration, or any motion for that matter.  Being your own counsel does not relieve you from the OBLIGATION to be as proper as any attorney in procedural matters before the Court.

Fair warning.  You are entering a world that doesn't encourage or reward sloppiness or lack of preparation.
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Fair Credit Reporting Act / Re: Fraud inquiries, two CRAs won't remove
« Last post by FixCreditTime on Yesterday at 10:29:01 PM »
I'm never one to back down from fighting over the language in an agreement in arbitration, but in OPs case, with proof of fraud and the CRAs not doing their duty under FCRA, I would suggest OP call several attorneys and let them apply the needed pressure to the CRAs instead and collect a small check without all the work involved.

This was the plan, Im 2/2 with it. I just know i have to set it up correctly. And im rusty, its been a couple years since ive had to deal with this stuff.

Glad to see Clydes hasnt had a coronary yet.
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