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I'm planning to bring a civil action against a company that won't stop robocalling my cell phone. 3-5 calls a day, most leading to a recording. The statutory damages are $500 per infraction, times three if they are willful. A few days of calls provides enough infractions to hit the $15000 claim ceiling*.

I need two things to help me in this endeavor.

1) A loaner phone that is capable of recording calls. I am on T-mobile and can swap my SIM over.

2) Advice on dealing with the filing process. How do I find out exactly who (company/person) to name as the defendant(s)? Is there a best day or time to visit the courthouse? Are there any 'tricks' I should know about to make the process smoother?

* - Should I claim $500 per call for 30 calls, or $1500 per call for 10 calls?

Date: 2010-07-08 08:31 pm (UTC)
From: [identity profile] gailmom.livejournal.com
I know nothing. I'm completely ignorant.

Just saying this so you'll know how much weight to give my opinion.

I'd go with $500 per call for 30 calls. Sounds more irritating and yet not asking overly much per irritation, if that makes sense....

Date: 2010-07-08 09:16 pm (UTC)
From: [identity profile] xalolo.livejournal.com
Make sure you've done all the research necessary to nail them down on it properly, too! Sometimes to claim the infraction you need to have notified them first to stop.

Date: 2010-07-08 11:37 pm (UTC)
From: [identity profile] thespian.livejournal.com
I am sending you the email address of a friend of mine, who also used to live in the ford factory, and who is almost a lawyer. She is heading to criminal, not civil law, but she knows the ropes you need.

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Clarence "Sparr" Risher

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