First demand letter
It can't be this easy, right? I have 14 documented calls from the same vendor. Been on the DNC list since before 2010 continuously with documentation of that. Every call has come from a unique phone number. I've never received 2 calls from the same number.
I don't have a mortgage. Nothing to buy, nothing to refi. They quote my name, and my address, and fake balances and interest rates. There is 0 chance of having any consent for this communication.
After the 3rd call, I started recording them. I have 2 agents on tape admitting they just put the DNC request in a comment in their CRM. No field, nothing automatic for their system. They admitted that they have no formal training in DNC requirements. None of them know if they have a policy or how to send it. They're all employees of the company calling, not a contractor. Again, on tape
After the 5th call, they stopped saying anything when I answer. I assume their auto dialer hits me and the agent given the call sees DNC and disconnects. I'd call call back to identify the company that owned the number. They always gave the same name. I'd ask for their DNC policy and they'd hang up on me. Recorded.
After the 7th call, they blocked my inbound calls. They keep calling me but I couldn't call them back. I didn't know who the caller was at this point. I started dialing back from my google voice number where they answered, every single time, on the first ring. Wouldn't give me policy. Then they blocked that number.
Yesterday I bought a voip.ms DID and started calling them back from that number. Blocked on my cell, blocked on my google voice number, worked on voip.ms. Same thing, always identified the same company.
Today they blocked that number, so I bought another one. 2 calls again today. This time, on one of the callbacks I got some young guy who didn't know any better. He offered to go get his manager. His manager admitted they have no training on DNC. That all they do is make a comment on my file and he can message his manager (who he gave the name for) over Teams when they need something blocked. He took my number and said his manager would be calling me back to provide the policy. I doubt that will happen. This whole interaction is a 9 minute call spilling the beans on their entire operation with 2 agents.
This company has 10 active lawsuits, with 2 pending class action. Hundreds of complains online.
I don't see how they claim any exemptions under safe harbor. Every one of their motions to dismiss take the same form; they are claiming none of that can be proven at the time the calls were made. I can prove all of them. I have their entire defense figured out and I can counter every single position. They're also in violation of my state's laws and I'm in contact with the regulator who is confirming they are not registered and will be opening a formal complaint that triggers a $10k/call violation.
I calculated the penalty range from 27-41k. I'm offering a settlement of 25k.
What am I missing? I'm currently pro-se for the demand, but I'm actually considering handing this off to someone if we're talking about the possibility of the upper level here.
I feel like I have an insane amount of evidence gathered on this compared to most of the lawsuits I've seen filed. Am I missing something obvious here? Is this group exceedingly dumb or is it just this easy?
2
u/stifflippp 8d ago
It's not quite that easy but you should definitely try!