Author Topic: Need to find examples of ITS specifically for TCPA, and example rough drafts  (Read 992 times)

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BanjoRiver

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      Please provide any links or where on this board I can find examples of ITS letters for the TCPA and examples of rough drafts.

     I know I have to have a cover letter and provide them with a copy of the TCPA.

     Is there different examples of different violations that might apply?

     Is it two different violations for the same phone call if they call with an auto-dialer, and leave a pre-recorded message?

     I know that knowing their offense, being notified it its a cell phone, that they don't have permission to call, triples the $500 to $1500, but what is this I'm reading about violations of, I believe it was $10,000? What is that for under the TCPA?

     Thank you


Fighting Irish

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I don't know that there are specific examples of what you are looking for.

You may find them in the Sample Filings section, although that's become muddied with question threads, instead of example threads.

You will better off writing what you think is good, and posting a link to it, so that the places where you are not quite right can be tweaked, than taking another's work, and, perhaps, not understanding what you are sending.

Remember that the ITS itself is the smallest part of what you need to send the offender. For the ITS to have any persuasive power at all, it needs to be accompanied by a filled out summons and complaint, preferably Federal.

Those you can find at Pacer, of course. The advantage being that you will find so many that you can compare, and see what fits your particular situation best.
Dang it, Jim! I'm a nurse, not an attorney!

(The rest of you, keep that in mind, too.)

BanjoRiver

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      What is pacer?

      Is a summons and a complaint the form you type up and have ready to file in court, but then send them a copy?
 
       Is there usually a federal court pretty close to where you live, in any state? I know there are three state level courts in kansas.

       I'm not even sure how to approach the court and file it right. My knowledge consists of, I know they did this wrong, here is the statute/law or case precedent, how oh how do I piece this together?

      Thank you

NotBonJovi

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As for an ITS, I do it similar to a complaint or affidavit by using numbered paragraphs.

1. On  XX-XX-XX, this CA called my phone at XXX-XXX-XXXX

2. I spoke with XXXXXXXXX XXXXXX, who demanding payment in the amount of XXXX.XX

3. I asked for XXXXXXXXXX, and the response received was XXXXXXXXXXXx

4. This was a violation of U.S.C.XXXXXXXXXX

Etc, etc, etc. Stick to the facts, and only the facts.

PACER is the Federal Database. For a nominal fee charged to a credit card, it permits one to peruse complaints and documents related to their cases, that have been filed in Federal Court. It can be extremely helpful

I don't recall exactly, but I believe that one can opt to go through a lengthy application process to be exempt from payment. You should go to the Home screen, and google "pacer".

As for the rest of the answers, those are things you must figure out for yourself. You know your location, google your nearest Federal courthouse. Find their website, find their rules.

Have you not done any of this yet?
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BanjoRiver

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     I found there are three kansas state courts. I don't know anything about the federal. Possibly do a search in a minute.

     I don't even know what the specific differences between state and federal are, in the outcomes, or penalties, our even if you can sue for state and federal violations at the federal level?

     Is one more inconvenient for the offender than the other?

     Is one more likely than the other to give more relief than the other?

     Sometimes it is really hard to just stock to the facts and get out what happened at the same time.

      Is there something in the TCPA about telephone harassment?

    Direct TV's first representative kept referring to me as this person, said I was that person, I got informed the actual person's debt and everything.  Too bad they didn't give me the address of the service, I could tell that person how much they could sue for revealing info to a third party.

     What its the part in the TCPA for that mentions violations with penalties of up to 10,000 ? Just curious on that one.

 

NotBonJovi

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Stick to your one case, and only that case. List out the facts, in numbered paragraphs, as I mentioned previously.

Only then can you take stock!

Stop babbling about the what-if's, a random Direct TV phone call for someone else.

Stop trying to decipher step sixteen or seventeen, when you haven't gotten through steps two and three.

This is why members like Cleaningup and Cprems push the members to remove the emotion from the transaction. Your posts are a jumbled, rambling mess because you are overcome with anger. You are swinging at the mosquitos again, and ignoring the stampeding elephant.

You have choice: pull it together and focus, or get a lawyer. Please choose soon.

P.S. As for state versus federal, you do file taxes every year, don't you? Do you really not know the difference??
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