sparr: (Default)
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?
sparr: (Default)
I am thinking about suing businesses that robodial my cell phone, or call with prerecorded messages. I will make some enemies, and possibly lose some services*, but weighing that against the potential monetary judgements (a gentleman in DC who does this makes thousands of dollars per year) is pretty tempting.

The TCPA provides for laws and regulations that cover all of this, to the tune of $500 per infraction, some individual calls being multiple infractions (robodial, pre-recorded message, etc).

In Georgia I would have to file in Magistrate Court, since we do not have a Small Claims court. That means defendants could bring a lawyer, which would hurt my chances of winning.

* - My gas utility provider might cut my service off if I sue them, but they have made at least $10000 worth of infringing calls to my cell phone already this month. If I can recover even 10% of that, it would be well worth switching gas companies.

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Clarence "Sparr" Risher

February 2025

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